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HomeMy WebLinkAboutTB Minutes 2002-10-03 REGULAR MEETING OF THE ITHACA TOWN BOARD
THURSDAY, OCTOBER 3 , 2002 AT 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Tompkins County Board of Representatives
4 . Report of Board of Fire Commissioners
5 . 5 : 45 p . m . — Consider Name Change of Portion of Christopher Circle to
Christopher Lane
6 . 6 : 00 p . m . - Persons to be Heard
7 , Consider Setting Public Hearing to Amend Traffic Ordinance to Add 3 Stop Signs
in the area of Roat Street
8 . 6 : 30 p . m . — Public Hearing regarding the Proposed Cable Franchise Agreement
9 . 7 : 00 p . m . - Consider Setting a Public Hearing to Amend Special Land Use
District No . 7 — Ithacare — to Allow for a Pavilion and Not Require Minor Changes
to Come Back to the Town Board for Approval
10 , Consider Award of Contract for West Hill Water and Sewer Project
11 . 7 : 30 p . m . — Presentation — Jeff Jordan and Dave Iles regarding Building Playing
Fields
12 . Set Public Hearing Date to Consider 2003 Assessment Rolls for Special Benefit
Districts
13 . Presentation of Tentative 2003 Town of Ithaca Budget for Changes and Adoption
as the 2003 Town of Ithaca Preliminary Budget
14 , Set Public Hearing Date to Consider Adoption of 2003 Town of Ithaca Budget
15 . Presentation of Tentative 2003 Southern Cayuga Lake Intermunicipal Water
Commission Budget for Changes and Adoption as the 2003 Southern Cayuga
Lake Intermunicipal Water Commission Preliminary Budget
16 , Set Public Hearing Date to Consider Adoption of 2003 Southern Cayuga Lake
Intermunicipal Water Commission Budget
i
17 . Consider renewal of Contracts for Services in the Year 2003 :
a . Dewitt Historical Society
b . Gadabout Transportation
C . Tompkins County Senior Citizens Council
d . Human Services Coalition
e . Coddington Road Community Center
f . Joint Youth Commission
18 . Consider Approval of Employee Wages for 2003
19 , Consider Approval of Elected Officials' Salaries for 2003
20 . Consider Approval of Bolton Point Employee Wages for 2003
21 . Discussion of Real Property Tax Exemptions - Consider Setting Public Hearing
Date
22 . Discussion of Draft Personnel Manual
23 . Discussion of Forming Tompkins County Municipal Officers' Planning Committee
24 , Consent Agenda
a . Town Board Minutes
b . Town of Ithaca Warrants
C , Bolton Point Warrants
d . Attendance at Quality Communities Conference
25 . Report of Town Committees
a . Bolton Point
b . Capital Planning Committee
C . Cayuga Lake Watershed Intermunicipal Organization
d . Codes and Ordinances Committee
e . Fire Contract Negotiating Committee
f . Human Services Council
g . Personnel Committee
h . Public Works Committee
i . Purchase of Development Rights Committee
j . Records Management Advisory Board
k . Recreation Partnership
I . Safety Committee
M , Sewer Contract and SJS Committees
n . Special District Benefit Assessment Committee
o . Transportation Committee
26 . Report of Town Officials
a . Town Clerk
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b . Highway Superintendent
C . Director of Engineering
d . Director of Planning
e . Director of Building and Zoning
f . Human Resource Manager
g . Budget Officer
h . Network/ Record Specialist
i . Attorney for the Town
27 . Review of Correspondence .
a . 8-30-02 Letter from Chrys Gardener, Tompkins County Beautification
Program
b . 9-4-02 Email from General Code re Codification Project
C , 9-7-02 Letter from Noel Desch re Burns Road water main extension
d . 9-9 -02 Letter from DeWitt Historical Society re Images of Tompkins
County: The Early Years
e . 9- 11 -02 Email of thanks from Gary Stewart
f . 9- 12 -02 Letter from Senator James Seward re Stone Quarry Road
g . 9- 13- 02 Card of thanks from Brian Wilbur, Fire Chief
h . Fax to Tee-Ann Hunter from Rachel Switala re Citizens' Environmental
Coalition Annual Membership Drive dated 9/ 16/02
i . 9- 17-02 Letter from Al Carvill to William and Carolyn Mallory re delinquent
water and sewer bill
j . 9- 18-02 Letter from Cathy Valentino to Michael Stamm , Tompkins County
Area Development re College Circle
k . Letter to Cathy Valentino from Joel A . Giambra ( Governor's Task Force on
Local Government Reform ) re creation of task force dated 9/20/02
I . Ithaca Journal Obituary - Gertrude May Howell Bergen dated 9/20/02
M , Cayuga Heights Fire Department Monthly Report for August 2002
n . Letter to Brian and Mary Ann Pitzer from Cathy Valentino re boulder at
East Shore Park dated 9/24/02
28 . Consider Adjournment
REGULAR MEETING OF THE ITHACA TOWN BOARD
THURSDAY, OCTOBER 3 , 2002 AT 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
ADDITIONAL AGENDA ITEMS
Additional Agenda Item No . 1 — Discussion and Possible Resolution Against a
Preemptive Attack Against Iraq
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
REGULAR MEETING OF THE ITHACA TOWN BOARD
THURSDAY, OCTOBER 3 , 2002 AT 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
BOARD MEMBERS PRESENT: Supervisor Valentino , Councilwoman Russell ,
Councilwoman Grigorov, Councilman Klein , Councilman Lesser, Councilman Burbank,
Councilman Niederkorn
TOWN OFFICIALS AND STAFF PRESENT: Tee-Ann Hunter, Town Clerk ; John Barney ,
Attorney for the Town ; Dan Walker, Town Engineer; Fred Noteboom , Highway
Superintendent ; Jon Kanter; Director of Planning ; Al Carvill , Budget Officer; Judy Drake ,
Human Resources Manager.
OTHERS PRESENT: Kenny Ritter, 249 Coddington Road ; Bob Romanowski , Ithaca Fire
Department ; Maria Mallon , 471 Bostwick Road ; Richard Booth , Tompkins County Board of
Representatives ; Margaret C . Unsworth , 232 Renwick Drive ; Sylvia Wold , 1426 Hanshaw
Road , Emily Liu , Ithaca College ; Cathien Varnum , Ithaca College ; Sharon Bamdman , Ithaca
College ; Anthony Ingreham , 368 Stone Quarry Road ; Sand Wold , 128 Rachel Carson Way;
Logan Shire , 128 Rachel Carson Way ; Aurora , 128 Rachel Carson Way; William Roberts ,
253 Coddington Road ; John Kimbal , 600 Warren Road ; Tom Doheny, Time Warner
EXCUSED : Andy Frost , Director of Building and Zoning
CALL TO ORDER : The meeting was called to order at 5 : 30 p . m . and Supervisor Valentino
led the assemblage in the pledge of allegiance .
AGENDA ITEM NO. 3 — Report of Tompkins County Board of Representatives
Dick Booth appeared before the Board with the monthly report from the Tompkins County
Board of Representatives .
County Budget - Mr. Booth reported that the Expanded Budget Committee would begin its
review of the proposed 2003 Budget beginning October 8 , 2002 . The contemplated budget
increase is a 21 % tax increase . There does not , so far, appear to be a majority willing to
substantially reduce that .
Mr. Booth stated Supervisor Valentino had asked him to mention that discussion has come
up in the last couple days about a possible increase in the sales tax . Mr. Booth reported it
had been mentioned , but was not a proposal . It is something that would require State
legislation . If done , Mr. Booth stated he thought it would work to the Town 's benefit. The
sales tax is not nearly as regressive as the property tax . Councilwoman Grigorov took
• exception to that statement .
Mr. Booth expressed his personal opinion that a 20% was "way too high and is not
acceptable" . He told the Board , however, that there might not be the votes necessary to
substantially reduce that .
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Councilman Lesser asked how the Town was going to benefit from a sales tax increase ,
stating the last increase was taken entirely by the County and not shared with the towns . Mr.
Booth stated he would be in favor of sharing the increased revenue . It is still very uncertain if
such an increase will even happen , but various counties are beginning to raise the question .
It would require State legislation and Tompkins County is currently collecting the maximum
allowable sales tax. Supervisor Valentino reported that she had been at an October 2"d
meeting with County representatives who were saying if the sales tax was raised to 9% they
did not feel they; would share it with the towns or the City. Mr. Booth stated he would be
strongly opposed to that and there was discussion of a past failed attempt to keep sales tax
revenues from the City. Mr. Booth reported that , in round figures , an extra 1 % on the sales
tax would generate an additional 5 million extra dollars in the County' s budget .
Councilwoman Grigorov cautioned that it might cause people to shop elsewhere . It is very
unlikely that this will impact the current budget decisions .
Supervisor Valentino stated that the County could repeal the tax abatement on clothing . Mr.
Booth has advocated that , stating it would result in an increase in approximately
$700 , 000 . 00 . Supervisor Valentino added that it would generate approximately $80 , 000 . 00
for the towns.
Mr. Booth told the Board that the Medicaid factor has been the biggest factor in the budget
increase . It is happening not just in Tompkins County but also in numerous counties across
the state .
Agenda Item No 4 — Report of Board of Fire Commissioners (Attachment # 1 — Written
Report)
Bob Romanowski appeared before the Board with the Commission ' s monthly report .
Adding to his written report , Mr. Romanowski told the Board of a proposal by City Mayor Alan
Cohen to lay-off two fire fighters and eliminate the Fire Department position of Development
Director. This is in addition to two fire fighters who are already off on administrative leave .
Mr. Romanowski stated his belief that this would lead to the closing of #6 Fire Station . He
asked the Board to send a letter to the Common Council and the Mayor opposing this
proposal . He stated that laying off two fire fighters would be a violation of the contract
between the Town and the City of Ithaca with regard to the number of fire fighters that will be
on duty . The closing of #6 Fire Station would be a violation of the personal contract has with
the people that live on West Hill . There is a hospital , a nursing home , a group home , and
apartment houses in addition to the private residences in the area .
The Board authorized Supervisor Valentino to write a letter on their behalf .
Supervisor Valentino requested that the Commission make certain that funds recovered from
fines go directly to the Fire Department , not to the City .
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Agenda Item No. 5 — Consider Name Change of Portion of Christopher Circle to
Christopher Lane
Fred Noteboom reported that the only property address affected would be the Town 's tank
• site .
There was no one present from the public to comment on the issue .
TB RESOLUTION NO. 2002 450 - Renamigg a Portion of Christopher Circle to
Christopher Lane
WHEREAS , the road running west from Warren Road to Siena Drive is known as Christopher
Circle on its westerly portion and as Christopher Lane on its easterly end ; and
WHEREAS , it would be desirable and more consistent if the entire road was named
Christopher Lane , so as to avoid confusion with the adjacent loop road which is also named
Christopher Circle ; and
WHEREAS , there is only one property on the portion of the road for which the name change
is being suggested , and that property is owned by the Town of Ithaca as a water tank site ;
and
WHEREAS , the Town Highway Superintendent and the Director of Engineering believe there
would be no adverse consequences to the water tank site by renaming the portion of the road
to which it is adjacent ; and
WHEREAS , the Town Highway Superintendent and the Director of Engineering recommend
the proposed name change ; and
WHEREAS , a public information hearing on the proposed change was held by the Town
Board at its meeting on October 3 , 2002 , after written notice was provided to all of the
residents on the loop road named Christopher Circle with is accessed in part by the portion of
the road which is proposed for renaming ; and
WHEREAS , no person has written or spoken against the proposed name change ; and
WHEREAS , the Town Board has duly considered the matter and determined it would be in
the best interests of the Town and its residents to effect such name change ;
NOW , THEREFORE , it is hereby
• RESOLVED , that on the recommendation of the Highway Superintendent, the Town Board of
the Town of Ithaca does hereby rename to Christopher Lane the portion of Christopher Circle
that runs westerly from its intersection with Warren Road approximately 1100 feet to the point
at which the road is already name Christopher Lane ; and it is further
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
RESOLVED , that the loop road running form the renamed Christopher Lane south , then west ,
then north back to Christopher Lane continue to be named Christopher Circle ; and it is further
RESOLVED , that pursuant to Section 64 (9 ) of the Town Law the Town Clerk shall , within 10
days after the effective date of this resolution , notify the Tompkins County Division of o
Assessment , the Planning Board of the Town , the Tompkins County Clerk, the Tompkins
County Engineer, and the Post Office Department of the United States of such re-designation
of a portion of Christopher Circle to Christopher Lane ; and it is further
RESOLVED , that the Town Highway Superintendent be directed to promptly arrange for a
change in signage so that said segment of road is properly designated as Christopher Lane
rather than Christopher Circle on the effective date ; and it is further
RESOLVED , that the Town Supervisor and all other officers of the Town be and each hereby
is authorized and directed to take such additional steps as my be necessary to effectuate the
change of name set forth above .
MOVED : Councilman Niederkorn
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
Agenda Item No. 6 — Persons to be Heard
Tony ingreham, ,, 368 Stone Quarry Road
Mr. Ingreham appeared before the Board . Following is a transcript of that discussion .
The thing that's on my mind is it has come to my attention that the Town of Ithaca Open
Space Plan, wondering what progress has been made on it. It's my understanding that there
has been very little in the way of implementation of the Open Space Plan that was passed 5
years ago to protect critical lands in the Town of Ithaca . The things that I am really
concerned about are the implementation of conservation zoning and purchase of
development rights. I'm up on Stone Quarry Road, next to Buttermilk Falls State Park, and I
have the benefit 'of being a neighbor of Buttermilk State Park but I 'm afraid that could be true
for many hundreds of other in perhaps a way that the Open Space Plan was particularly
trying to control. As far as I know there has been little or no conservation zoning
implementation on the land surrounding the park where that applies. And also particularly the
purchase of development rights on agricultural lands adjacent to the upper park. I know
there 's a gentleman; I don 't know him, that lives on West King Road that owns quite a lot of
property. A farmer who is quite on in years and it's just going to be a matter of time before
his property passes into the next use and part of the priority of the Open Space plan was
purchase of development rights on those agricultural lands so that they wouldn 't be
intensively developed inappropriately adjacent to the park. As you know I do work for the
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
State Parks. I 'm not representing the State Parks right now, but I do know that the State Park
is very strongly in favor of implementation of this measure. And I'm afraid that it will become
a moot point, protection of the park, if we don 't do what we decided to do.
Supervisor Valentino — Let me interrupt you, because you need to come in and meet with our
• staff because we have done considerable work on purchase of development rights, on the
parks and open space. We have one conservation zone. We 're getting close, working on
another one on South Hill so that is actually moving along pretty much on target. The
purchase of development rights is not the easiest project to put together. I know you 're
speaking of the gentleman on West King Road. We have to have the cooperation of the
farmers to be willing to do that and we have been extremely aggressive. We 're very close to
finishing one parcel right now that will soon be going into that program.
Councilman Lesser — On West Hill.
Supervisor Valentino — I think you 've got a big gap in your information about parks and open
space.
Mr. Ingreham — That's why I 'm here. I want to find out.
Supervisor Valentino — If you come in and maybe call Jonathan and sit down. They'd be
happy to spend the time going through with you exactly where we are on those and then we 'd
be happy to hear your suggestions after you 've been fully briefed.
Jonathan Kanter — And even before coming in I 'd suggest you check our website which has
quite a bit of information about the proposed zoning which addresses exactly what you are
asking about.
Mr. Ingreham — Well I guess then 171 say that I encourage you to make it a priority particularly
that the Town make it priority and the Town Board make it a priority and instruct the Town
Planning Department, who ever is in charge of this, to do the conservation, do as much as
possible with the conservation zoning and purchase of development rights surrounding that
park. I know that money is an issue, but I did go to one of those public meetings about that
five years ago and the intention, I know, was to try to secure State and federal funding to do
this.
Supervisor Valentino — We have a big project this year, one of the trails, we have been
putting money aside every year for that project.
Mr. Ingreham — I'm glad to hear that and I will follow it up and try to get more information
about that. I 'm going to switch to the other topic which I guess some other people are going
• to speak about which you addressed, Cathy, about the resolution to oppose the pre-emptive
war against Iraq which everybody knows the City of Ithaca has unanimously. . .
Supervisor Valentino — You understand we 're not going to have a resolution, we have a letter
instead.
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Mr. Ingreham - Whatever. 1 'll tell you that I am disappointed that you 're not going to have a
resolution. As Representative Hinchey said that this was one of the best ways for the public
to be heard is for public bodies to come out and represent the public 's feeling about issues as
important as whether we go to war or whether my nephew goes to war in a draft and gets a
killed. Or kills somebody else. So I 'm very disappointed that that's been turned back
because I understand that there was a moved in the Town Board to do just such a resolution.
I'm very disappointed that's been turned back. Santa Cruz was heard around the country,
probably around the world. That one little community about like Ithaca heard around the
country. So it is really a strong voice. Ithaca heard it, the Town of Danby heard it. The Town
of Ithaca apparently has not heard it. What I'm saying to you is that / would encourage you to
change your minds on that. It is an extremely serious matter, as you know, for us to go to
war. We are being stampeded into a war with minimal information that doesn 't make sense.
Hundreds of thousands of people 's lives lie in the balance. Our opinion counts and will be
heard. I know it, doesn 't have anything directly to do with Town business, but some of your
relatives may be hands on involved. So please reconsider and consider doing a resolution
and I hope you do. Thank you.
Supervisor Valentino - Thank you.
Supervisor Valentino invited members of the audience present to speak about Iraq to
addressed the Board . She asked that they keep their comments brief so that all could be
heard .
Sandy Wold , 128 Rachael Carson Way
Ms . Wold appeared before the Board with the following comments .
I am also very disappointed to hear the resolution has been taken away. I don 't know why. I
would really like, an explanation. I came especially down here, away from my dinnertime,
hoping that my voice could be heard. From where I stand I feel like I'm not being heard. The
media is not representing my point of view. I 've called Senator Clinton 's office and Senator
Seward's office and they did not have an opinion on the war. They were just taking votes of
how people were feeling. I 'm really scared that we are going to do something horrible over
there. We have already done horrible things. For the last 10 years we 've had embargoes on
Iraq that have taken food away from children and children are dying over there. I 've seen the
videos, I 've heard the delegates that have gone over there and seen this for themselves. We
have to take responsibility for what we are doing over there and our newspapers are not
telling us the truth . And the things that Bush is saying they just don 't make any sense. Like
Mr. Ingreham said, the things that are being said in the newspaper are being said to scare us
and there are hidden motives in what Bush is trying to do. I believe we have a strong interest
in controlling the oil market over there. I really think it is important for us to oppose this war
and for Bush to ego through the proper democratic process of going through the UN and not
doing a unilateral decision. I think this is really going to hurt us as much as it is going to hurt
them in the long run. So please reconsider the resolution . Thank you.
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Hank Roberts , Coddington Road
A transcript of Mr. Roberts' remarks follows .
Thank you for allowing me the time to speak. The two folks said it quite well. There 's not
• much I can say except I think it really does affect us here in Ithaca. We saw the effects of
war when the World Trade Center was hit and we know how much that hurt us and hurt
everybody in the country. If we can imagine what kind of devastation is going to happen in
Iraq, if we do that, we can see reverberations of what that will do to the children and the
people. And how many desperate terrorists may be just spawned from that action. So we
have a really mighty military force and I think, I was really heartened to see the City of Ithaca
go through with this and put out a voice against that war. I hope you all will think about it too
and 1 know it's difficult and it's hard to find the right information and there 's a lot stuff coming
from all sides and we all feel defensive, but I think there are so many different ways to
approach finding peace in the world. And now, in this time, we really know how to do that
without dropping bombs. That's all I'll say. That's a new idea to me, I thought it was a great
idea if the Town Board or the City would come together and actually make a statement. I
hadn 't really thought of it and I think it is a wonderful idea . I hope you guys will consider that.
Thank you.
Kenny Ritter, 249 Coddington Road
Comments follow
If we are talking about war it is going to affect every aspect of life. It is going to effect budget
negotiations in the future. It's going to affect everything. I think spending time in discussing
these issues, even if we disagree, is really healthy because we may find some common
ground through that discussion. It is very important to find that before we go to war. I wish
the Town would find the time to discuss this issue because this is not an issue we can just
giveaway to people in Washington. They have to hear us. It starts right here and we have to
talk to each other about this issue because people in our families will be going to war. We
will be paying higher prices for all sorts of things. The ramifications of going to war are
something that are not talked about or thought of and we have to do it now. The wise thing is
to do it now because later, after the shooting starts, it's too late. So I really hope that the
Town will at least debate some sort of resolution. That's all.
Margaret Unsworth , 232 Renwich Drive
Comments follow
1 hate to take your time if you 're not going to be considering a resolution because that is
important for our community to do. The fact that the City Council voted unanimously might be
a spur to you folks. I think the other reasons for going against a war now have been pretty
well articulated. This is an opportunity for you. It's an opportunity for our country to do the
• right thing, to wait for inspections, to show the kind of leadership that a country with our
influence and our reputation should call for. So 1 hope you will reconsider the idea of passing
a resolution from this body. Thank you.
John Kimble,
7
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
I 'm a citizen of the Town of Ithaca . My appearance here is to speak out against the war with
Iraq. There are many reasons to oppose such a war of which I shall share only a few salient
observations.
The first reasons I oppose the war is the horror and terror it will impose on innocent citizens
here and wherever we fight. I ask are we ready to send our young men to fight, to kill and be
killed, wounded, and damaged, to see more horror on the innocent as in the previous Gulf
War and in Vietnam ? Considerable uncertainties exist right now in my mind and many other
minds about our motivation and interests especially in regard to oil and power over others.
We already have alarmed and aggravated many people and nations of the world. Another
war in the Near East would certainly intimidate them and enhance their fears. Our own
thinking and attitudes would likewise be affected in many ways by another war, for instance,
the killing and wounding of innocent children and adults. Yet another dire concern and
reason to oppose any war is the cost in blood and lives and money and other horrors
resulting from such a war. As a citizen, as an infantry veteran of World War //, wounded and
decorated with honors, and as a parent, a grandparent, I appeal as strongly as I can to avoid
war and terror and all the negative effects. Considering the foregoing, I ask, nay beg this
council to pass a resolution against the horror we are facing in another war. Said resolution
would be a strong step towards achieving peace if the Congress and those who receive the
message think about what the citizens are saying. Thank you for your time. I would be glad
to talk with anyone privately or answer any questions that you have now. Thank you.
Councilwoman Grigorov requested that the proposed letter regarding Iraq be read aloud . Mr .
Burbank told those present that he was the Board member responsible for the letter. He
stated that after proposing the letter it was pointed out to him that the Town does not have a
history of passing such resolutions and there was a reluctance to begin doing that without
first having discussion about criteria that would determine what would and would not be
appropriate . As an alternative and after discussion with some Board members , Councilman
Burbank drafted a joint letter that would be sent from whichever Board members felt
comfortable signing it . The letter would not speak for the Board as a whole , but as individual
legislators . Following is a transcript of that letter to be sent to Senator Clinton and Senator
Schumer,
Dear Senator (Clinton , Schumer) ,
We are writing , jointly as members of the Town of Ithaca Town Board , to express
concern and opposition to a preemptive war with Iraq . Our Board does not
normally address issues that are outside its jurisdiction , which is why this is a joint
letter from concerned Board members , rather than from the Board as a whole .
As elected 'officials , we are very concerned about state and federal actions that
have impact on local governments . We believe that war on Iraq , costing an
estimated one to two hundred billion dollars , would have a devastating impact on
the budgets of local governments around the country .
8
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
The ultimate cost of war, of course , is measured in lives lost , not just dollars
spent . We are opposed to sending our young people off to war before other
means of resolving conflict have been fully exhausted . We are aware that years of
sanctions have already caused great suffering among the innocent woman and
• children of Iraq and that they would be main victims of any new war; a further
reason for restraint .
We believe that President Bush has failed to make the case that this war is
necessary or inevitable and that we are setting a dangerous precedent with his
new doctrine of unilateral preemptive strikes .
We strongly urge you to oppose this .
Supervisor Valentino expressed appreciation to those who addressed the Board . She stated
that the Board has , historically, when presented with requests for resolutions pertaining to
issues beyond the jurisdiction of the Town not taken board action . Before taking such an
action the Board would need to have a discussion about what is appropriate and what is not
appropriate . There are definitions regarding what a Town Board legally can and cannot do .
Supervisor Valentino went on to say that , as an individual , sitting on the Board where they try
to deliberate very thoroughly and seriously with all available information she does not feel
that she has the authority or expertise to pass on a resolution on this kind of an ' issue for
every single person in the Town of Ithaca . She felt it would be a big step in a different
direction than the Town has worked from . When she ran for election she did not have an
issue on national politics and people didn 't raise issues on national politics . They raised
issues about roads , streets , snow plowing , water, sewer, and things where we do get
information and can make judgments and decisions . This is a big leap for the Board to take
without working through the various components and coming up with a clear policy.
Supervisor Valentino did not think this was something that the Board could suddenly decide
to do , even though it is an extremely important issue . Supervisor Valentino invited other
Board members to comment .
Agenda Item No . 8 — Public Hearinq regarding the Proposed Cable Franchise
Agreement
Supervisor Valentino opened the public hearing at 6 : 30 p . m . Proof of posting and publication
was presented .
Supervisor Valentino stated that this would not be an official public hearing because the
Town does not have a document in front of them .
Persons to be Heard (continued )
® Councilman Niederkorn stated he concurred with all that Supervisor Valentino said . He
strongly encouraged individuals to personally contact their representatives stating that he had
sent his letter.
9
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Councilman Lesser stated that , as an individual , he strongly supports the letter that was
written . As a Town Board member Councilman Lesser stated if something came up as a
resolution he' d feel that he had additional responsibility to try to reflect the opinions of the
constituents in the Town . At this point in time , while he feels he can sense it , Councilman
Lesser did not h Wave specific knowledge . He supported Councilman Niederkorn ' s statement
encouraging individuals to write to their representatives .
Agenda Item No. 7 — Public Hearing regarding the Proposed Cable Franchise
Agreement (continued)
Maria Mallon , 471 Bostwick Road appeared before the Board to comment on the Cable
Franchise agreement . Her comments are were as follows :
My husband and I have lived in this area for over 2 years. We are proud to live in a
community where many forms of media are available to us. We have particularly enjoyed
Peg-A -Sys broadcasts and we find that they provide alternative programming to that of
standard network and cable programming. We have found that sharing the information that
we have obtained from Peg-A -Sys programming with our friends and neighbors has allowed
for fascinating and thought provoking conversations. It also keeps us connected with various
local issues and events. I believe that availability of this type of programming enriches our
community and allows the viewing public to feel like they have a local voice as well as access
to community based network.
Peg-A -Sys offers many educational programs as well to the community, which directly
involves participants in the collection, organization, and broadcasting of the programming.
Peg-A -Sys enriches our community and without it Ithaca would lose its only community
broadcast station.
Kenny Ritter, producer at Peg-A-Sys, appeared before the Board to comment on the Cable
Franchise agreement . His comments were as follows :
I 'm a producer at Peg-A -Sys. 1 don 't get any money for it and neither do a lot of people who
work very hard ; There 's a lot of good show there. I don 't know if you 're familiar with it. 1 've
spoken before here in front of you in support of Peg-A -Sys. 1 really think that as we go into
the negotiations, we want to find some creative way of funding this resource. Maybe it's a
matter of looking closely at the user fee. I 'm not suggesting that any revenues that the Town
get in a difficult' budget scenario be laid out, you know, you should spend more money for
Peg-A -Sys.
Supervisor Valentino — We don 't spend any right now, but, . .
for me to
et a handle on what is going on in the stated
Mr. Rater — Right. It's been difficult g 9 9
negotiations and what is proposed by Time Warner. I'm not really clear on it. I don 't think a
lot of people that I 've spoken to, I 've spoken to Will about it, are very clear about what's
happening. Maybe we can be enlightened tonight.
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Supervisor Valentino — Yes.
Mr. Ritter — One thing I can say is that Time Warner has not reached some type of
understanding with the Ithaca Journal about listing the programs that are on Peg-A-Sys.
Right now nobody knows what's on Peg-A -Sys unless you actually go to the station or go to
the website. They are not in any print media. This, by common sense, would lead to a lack
of participation. Time Warner's position is that they have tried to come to some kind of
understanding with the Journal, but I don 't believe that they are mandated to come to some
kind of understanding with the Journal. The concept of placing an ad would solve that
problem, but it would cost Time Warner more money. If they were mandated to provide them
information they would probably come to some kind of solution to the problem. So that if
Time Warner talks about lack of public participation and measurable lack of participation, I
don 't know if it's measurable or not, but for the last few years nothing has been listed in the
Journal so if nothing is listed, obviously people are just not going to be aware of what's going
on. So I look forward to tonight and finding out where we are at. Thanks.
Supervisor Valentino — Is there anyone else that wanted to speak to the cable ?
Sylvia Wahl , 1426 Hanshaw Road appeared before the Board to comment on the Cable
Franchise . Her comments were as follows :
Ms. Wahl — I did not realize that this was on the agenda tonight. I came to speak in favor of
the resolution with regard to no war with Iraq and I do agree with our representative that it
does strengthen our voice if official bodies do take this action. We all have made our
individual voices known over and over and over again, and I would just encourage you to
consider that.
With regard to the cable franchise agreement, I don 't know what is in the agreement I would
just - say that I think it is important to strengthen the agreement and to continue to keep it as
broad as it is. I think it is really important to maintain the Peg-A -Sys possibility and I think
that there are a lot of people who do take advantage of that I worked very diligently with
Jean Finley when she was still alive in programming her six shows that she had on each
week. I think it is important for the continuation of the education channel and I think also
important that we have our government channel. And / would have encouraged this group to
also have their voice heard on the government channel. Last night I listened to the County
Board, night before last, on the government channel. And the City also you can hear, but I
think it would have been important to have this space wired for that so that we also could
hear what our Town Board members do. I would just encourage you to continue to keep the
cable franchise agreement as strong as possible and not to weaken it by taking out part of
the way in which the cable company is responsible to the community to provide these kinds
of facilities for the community and certainly my cable bill has gone up sufficiently in the last
five years, however long it has been since the last agreement was negotiated, that there 's
certainly enough money from our individual cable charges to continue to fund those various
programs. Thank you very much.
Supervisor Valentino closed the public hearing at 6 : 40 p . m .
11
i
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Tom Doheny , General Manager, Time Warner, appeared before the Board with copies of the
proposed contract as it stood to date . He reported that there were 8 components in the
contract still under discussion between himself, Supervisor Valentino , and Attorney Barney .
Mr. Doheny reported that the Town has been negotiating to support the Peg-A-Sys studio . o
He is confident that the level of support in the community will be enough to provide a studio
that will meet the needs of the community. Mr. Doheny did not feel there would be a
diminishment in what is currently offered . They will probably be open less hours , but he did
not believe the service that will be provided would be any less than what they' re providing
now. Regarding; the listings in the Journal , Mr. Doheny stated they would actually love the
Town to make the Journal list the Peg-A-Sys programs . It is a business decision by the
Journal and a business decision of Time Warner's whether or not to buy an ad with the
listing . Mr. Doheny felt the programming was of value to the public and the Journal should be
listing it . Mr. Doheny reported that he was also working with a company called TV Data to
provide the listings so that they will be on the electronic guides that Time Warner carries .
Supervisor Valentino stated that for the first time the Town of Ithaca will propose to the whole
Town Board that they help fund Peg-A-Sys through the franchise fee and add a $ . 15 cost for
capital "things" . She agreed that Peg-A-Sys is a very important part of the community. Mr.
Doheny stated Time Warner also valued the programming on Peg-A-Sys . Time Warner is
making a contribution toward Peg-A- Sys by maintaining the current studio and bearing the
cost of the building, equipment, and office expenses . The total of these expenses totals more
than the partner communities will be paying for the personnel . The participating communities
will pay the personnel costs and with Time Warner will jointly decide on staffing , hours , and
how to provide the services . Time Warner will provide the building , the maintenance of the
building and equipment , and all the office supplies . While no agreements have been signed ,
Mr. Doheny stated that the likely participants would be the City of Ithaca , the Town of Ithaca ,
and the Village iof Cayuga Heights , Mr. Doheny foresees that once the documents are in
place they will form a committee to discuss these things . There seems to be a consensus
that they will create a fee for people from the other communities to be able to use the
facilities . Curre tly most of the cost is being born by Time Warner under the agreement with
the City from 1988 . The City of Ithaca subscribers currently pay $ 1 . 26 more per subscriber
which comes to 'about 35-40% of the overall costs .
Supervisor Valentino told the Board that she was working to get the proposed agreement
wrapped up early the week of October 7th . She asked that a special meeting be held October
17th for a public ,hearing on the proposed agreement .
Mr . Doheny stated that Time Warner would extend the October 11th deadline . He offered to
return to his office to bring a forgotten letter to that effect . Supervisor Valentino gave Mr.
Doheny a letter ] from the Village of Cayuga Heights giving her a proxy to negotiate for them .
She requested the same courtesy regarding an extension that was being given the Town
would be extended to the Village of Cayuga Heights . Mr. Doheny stated that it would .
Attorney Barney asked if there would be any problem with putting something in the franchise
to the effect that , if the Journal won 't voluntarily carry the Peg-A- Sys schedule that part of the
12
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
operating expenses of Peg-A-Sys would be allocated to putting in a weekly ad . Mr. Doheny
stated technically the cost of placing such an ad would be an expense to Time Warner and as
such the decision should fall to Time Warner,
Attorney Barney stated for the record " I ' m not at all convinced that we need to worry about
the extension , but I appreciate Time Warner's willingness to extend it to the extent that it is
necessary. "
In response to questions from Councilman Lesser, Mr. Doheny stated that overall operating
costs for the studio are approximately $50 , 000 . 00 per year. They currently train people how
to use the studio and the equipment . They also have equipment to sign out to the public and
editing machines . People can learn how to produce video or television . Typically what
happens is somebody will come in and start with a course on portable equipment then they
learn how to use the editing equipment , and in another class they learn how to use the studio
equipment . Mr. Doheny stated they are trying to come up with some method of charging the
non - participating municipalities' residents . He thought the cost would be somewhere around
$30 . 00/class . To borrow the equipment might be somewhere around $ 15 . 00 per day. Mr.
Doheny asked for understanding , stating it was impossible for him to figure this out without
sitting down with a lot of pencil and paper. He actually hopes that there are a lot of users ,
because the user fees would allow them to provide more services .
Councilman Burbank asked what it would take to have Town Board meetings aired live or on
tape . Mr. Doheny stated Time Warner had a network they could hook us into , but basically
what "you ' re talking about is running a cable from here to State Street" . Town Hall would
need to be internally wired , and internal wiring is the surprise cost . Then you would need a
camera , which technically you could borrow from Peg-A-Sys . Then you 'd need a person to
operate the camera .
TB RESOLUTION NO. 2002= 151 - Set Public Hearing Date to Consider a Cable
Franchise Agreement
BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a
public hearing to be held at a special meeting of the Town Board on Thursday, October 17 ,
2002 at 5 : 45 p . m . , in order that the Town Board may consider a Cable Franchise Agreement ,
MOVED : Councilwoman Russell
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
• Niederkorn , aye .
Agenda Item No. 7 — Consider a Public Hearing to Amend the Traffic Ordinance to Add
3 Stop Signs in the area of Road Street (Attachment #2 — Petition)
13
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
TB RESOLUTION NO. 2002452 - SETTING A PUBLIC HEARING TO CONSIDER
AMENDMENTS TO THE TOWN 'S TRAFFIC ORDINANCE TO ADD 3 STOP SIGNS IN THE
AREA OF ROAT STREET
RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall , 215 North Tioga Street , Ithaca , New York, on the 7th day of November, 2002 , at
6 : 30 p . m . for the purpose of considering amendments to the Town of Ithaca Traffic Ordinance
which amendments would add three (3) stop signs to the area of Roat Street ; and it is further
RESOLVED , that at such time and place all persons interested in such amendments
may be heard concerning the same ; and it is further
RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal published in the City
of Ithaca, Ithaca , New York , and to post a copy of same on the signboard of the Town of
Ithaca , said publication and posting to occur not less than five days before the day
designated above for the public hearing .
MOVED : Councilman Klein
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
Agenda Item No 9 — Consider Setting a Public Hearing to Amend Special Land Use
District No . 7 — Ilthacare — To Allow for a Pavilion and Not Require Minor Changes to
Come Back to the Town Board for Approval (Attachment #3 — Memo from J. Kanter)
Mark Massera , Executive Director of Ithacare , appeared before the Board to answer
questions about Ithacare' s most recent application for sidewalks and an open -air pavilion .
The pavilion will provide for a variety of opportunities for residents to engage in social ,
cultural , and recreational activities utilizing the north lawn . Mr. Massera directed the Board to
information provided which he hoped would speak to details that were considered in
determining the size and location of the pavilion . Mr. Masserra presented and reviewed with
the Board an aerial view illustrating the size and location of the pavilion .
Supervisor Valentino stated , for the record , that her mother is a resident of Longview .
Councilwoman Russell asked Mr. Macera to comment on the orientation of the pavilion and
Councilman Lesser asked if the structure would be visible from Route 96B . Mr. Macera 's
reply to both those questions was inaudible.
In response to Councilman Lesser' s question , Mr. Kanter stated in the photomontage given to
the Board therei was a picture of the view from the entrance to Longview looking toward
14
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
where the pavilion would be situated . If you look at that in combination with the generalized
site plan map you can see that that view is going to be blocked by the existing building from
the entrance . They didn 't go further north on Danby Road to take photos , but what they did
try to cover was the general area' s that were a concern when the project was originally under
• review. Particularly from the parking overlook area off of Danby Road then going down
toward where the entrance is with the views looking over toward the lake . Those really were
the critical views .
Councilman Burbank asked if at any time they would be renting the pavilion out . Mr. Mecera
stated they would not rent it out , lease it out , or provide the space for community use
although they do allow use of some internal spaces for County organizations and other
community based organizations that address the needs of aging . Beyond that it will be used
for internal programming . In the last two years , they have had approximately half-a-dozen
functions at half of which there was entertainment that has included guitars , violins , even
bands. Some of it was amplified . There have never been any complaints or problems . They
have invited neighbors and some have attended the functions .
Councilman Klein stated he had no objection to the pavilion and if the Town could simplify
Ithacare' s life by not requiring them to come back to the Town Board every time they want to
do something he would be in favor of delegating more responsibility to the Planning Board ,
Attorney Barney distributed copies of the proposed local law and copies of the existing local
law No . 194. The proposed law includes an additional subparagraph that would allow one
pavilion not exceeding 3 , 000 square feet in size . To avoid the necessity for Ithacacare to
come before the Board for minor changes , Attorney Barney changed section 5 of the old law,
which required any significant change in the preliminary plan to come before the Town Board ,
Attorney Barney deleted that section all together and suggests it be applied as we were
planning to apply it under the terms of the new zoning ordinance with respect to any site plan
and that is that basically once a final site plan is approved , if there is a modification , it comes
back before the Planning Board and the Planning Board reviews it and makes a
determination , and there are some circumstance where that need not occur.
TB RESOLUTION NO. 2002453 - Setting a Public Hearing to Consider "A LOCAL LAW
TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A
PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD
AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS "
RESOLVED , that the Town Board hold a public hearing to consider a local law entitled "A
LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO
CONSTRUCT A PAVILIION AND TO MODIFY THE REQUIREMENTS RELATING TO
PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE
• PLANS " on November 7 , 2002 at 6 : 45 p . m . at Town Hall .
MOVED : Councilwoman Russell
SECONDED : Councilman Niederkorn
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
VOTE : Supervisor Valentino , abstain ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
TB RESOLUTION NO. 2002454 — Referral of Ithacare Amendment to Planning Board 0
RESOLVED , that the proposed Ithacare amendment be referred to the Planning Board for a
Recommendation to this Board .
MOVED : Councilman Burbank
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , abstain : Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
Cable Franchise Aqreement
Tom Doheny returned with a letter extending the October 11th deadline and a spreadsheet for
Will Burbank detailing different staffing scenarios .
Agenda Item No. 10 — Consider Award of Contract for West Hill Water and Sewer
Project (Attachment #4 — results of bid opening)
Mr. Walker reported that 5 construction companies had submitted bids . There are three parts
to the project: 1 ) waterline behind the Biggs building ; 2 ) replacement of the sewer line from
the Biggs complex to Trumansburg Road at Candlewick; 3) alternate for extending a sewer
line on Trumansburg Road from the Fire Station up to the Hayts Road intersection area .
The bids were higher than anticipated for the sewer projects , and a little lower for the water
portion . G . Devincentis was the low overall bidder. They had a bid on the water of
$ 115 , 236 . 00 , and on the sewer main replacement behind the hospital of $507 , 796 .00 ,
making the total of the base bid $623 , 032 . 00 . Their bid on the alternate for extending the
sewer up Trumansburg Road is $ 180 , 000 . 00 . Our original estimate and the approval that this
Board gave when they created the project was $ 153 , 500 . The Public Works Committee
reviewed this and based on the fact that there was limited benefit to limited residences and
the fact that the price is approximately $28 , 000 / $27 , 000 higher than what was approved , the
Public Works Committee is recommending that the alternate not be constructed at this time .
That' s reflected in the wording of the resolution , which is a recommendation to award the
contract to G . Devincentis and Sons . They did submit the low base bid for a combination of
the water and i the sewer. They actually had a lower bid than anyone else for all three
components of the project , so we don 't run into issues of concern on who had the low overall
bid . There were a number of other contractors that had lower bids on the water but no one
had a lower bid on the main sewer project . The sewer bids are all about $ 100 , 000 . 00 more
16
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
than what we estimated . The Capital Project has been funded at the level of $544 , 000 . 00 for
the sewer project . The bid price for the hospital sewer replacement is $507 , 796 . 00 . By not
doing the alternate we have sufficient funds to build the sewer replacement. The water bid
was $ 115 , 000 . 00 , which was $21 , 000 . 00 under our budgeted figure of $ 136 , 000 . 00 .
Supervisor Valentino asked whether the Board understood that the bids came in too high for
the Town to do the alternate project . Councilman Klein elaborated stating the alternate is the
extension running the length of the Kyong parcel to the Grippi parcel . He stated it would cost
$ 180 , 000 . 00 for one hook up and it just doesn 't seem proper to spend that . The Board
indicated they understood .
TB RESOLUTION NO. 2002- 155 - Authorization for Award of Contract for West Hill
Water and Sewer Improvements 2002
WHEREAS , The Town of Ithaca on September 12 , 2002 received bids for the West Hill Water
and Sewer Improvements 2002 , as shown on the plans and contract
specifications prepared by the Town of Ithaca Engineering Department and dated
August 2002 , and ;
WHEREAS , G . Devincentis and Sons Construction , submitted the low base bid and low Total
bid for the project , and
WHEREAS , the Town Engineer has reviewed the bid and qualifications of the Contractor and
found them satisfactory , and ;
WHEREAS , the Town Board has determined that the Bid prices for the Alternate of the sewer
extension on Trumansburg Road were in excess of the approved cost and must
be deleted from the construction contract, and ;
WHEREAS , the Value of the Water and Sewer Construction Contract with the deletion of the
Alternate is $623 , 032 . 00 , which is within the approved project budget, now
THEREFORE , BE IT
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the award of the
contract for Construction of the West Hill Water and Sewer Improvements 2002
to , G . Devincentis and Sons Construction , 7 Beldin Street , Binghamton , NY
13903 , for the contract amount of $623 , 032 . 00 subject to final approval of the
contract documents by the Town Engineer and the Town Attorney.
MOVED : Councilman Klein
SECONDED : Councilwoman Grigorov
17
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
Agenda Item No. 12 — Set Public Hearing to Consider the 2003 Assessment Rolls for O
Special Benefit Districts
TB RESOLUTION NO . 2002=156 - Set Public Hearing Dates Special Benefit Districts.
BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for
Public Hearings to be held at the next regular meeting of the Town Board on November 7,
2002 , at the following times , for the consideration of the following 2003 Assessment Rolls for
Special Benefit Districts :
7 : 00 p . m . - Fore§t Home Lighting District
7 : 01 p . m . - Glenside Lighting District
7 : 02 p . m . - Renwick Heights Lighting District
7 : 03 p . m . - Eastwood Commons Lighting District
7 : 04 p . m . - Clover Lane Lighting District
7 : 05 p . m . - Winners Circle Lighting District
7 : 06 p . m . - Burleigh Drive Lighting District
7 : 07 p . m . - West Haven Road Lighting District
7 : 08 p . m . - Coddington Road Lighting District
7 : 09 p . m . - Water Improvement Benefit District
7 : 10 p . m . - Sewer Improvement Benefit District
MOVED : Councilwoman Russell
SECONDED : Supervisor Valentino
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
Agenda Item No. 13 — Presentation of Tentative 2003 Town of Ithaca Budget for
Changes and Adoption as the 2003 Town of Ithaca Preliminary Budget
Supervisor Valentino opened discussion of the 2003 Tentative Budget stating there were no
real surprises , the things the Town usually funds are funded . The assessed value of Town
properties has increased . She is still working with some of the Town ' s contracts ; some are
changing some, will not . She told the Board if they looked at the lighting districts they would . •
see a jump in the amount that people have to pay . It is basically because last year there
were excess funds in the lighting districts and , because you are not supposed to accumulate
excess funds , people got a reduction last year. They are now back to pretty much what their
real rate should be unless we get a change for the electric company.
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Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Supervisor Valentino told the Board that there were some problems because 126 East
Seneca Street (the old town hall) has not been sold . The Town had anticipated $300 , 000 . 00
from its sale . Because the Town has not closed on the building , and because some costs on
• the Public Works Facility and other things have escalated , Supervisor Valentino recommends
bonding an additional $440 , 000 . 00 for the Public Works Facility. Mr. Carvill told the Board
that by putting the $440 , 000 . 00 together with the original $800 , 0000 . 00 , which was at 4 . 95% ,
the rate would drop to 4 . 25 % for a 15-year serial bond . The Board ' s original resolution
authorized the Town to go to either a bond anticipation note or a serial bond for $800 , 000 . 00 .
Now we need to have the authority to add an additional $440 , 000 . 00 to that , making our
borrowing $ 1 , 240 , 000 . 00 .
Councilman Lesser asked what the extra borrowing and debt service would do to the Town 's
cash flow in the coming years . Mr. Carvill stated that under the $80 , 000 . 000 bond
anticipation note scenario , reflected in the Tentative Budget , $53 , 000 . 00 is budgeted for
principal and $39 , 000 . 00 for interest . Going to a 15-year serial bond will change that to
$32 , 666 . 00 for principal and $52 , 007 . 00 for interest . There will be a net change of
approximately $42 , 000 . 00 . Mr. Carvill stated that it really has a very negligible impact . What
they propose doing is to cash flow project funding over the 15 years useful life of the facility
so that it's easier to maintain on an annualized basis rather than in the future there being a
dramatic impact in terms of real property tax rates .
Councilman Klein asked if the Town would reduce the debt when the old town hall was sold?
Mr. Carvill stated he had addressed the question with the bank because he wanted to be
absolutely sure that the serial bond borrowing would be held locally to stimulate community
economics . It will be held locally. So we have the convenience of calling $300 , 000 . 00 of
principal or returning $300 , 000 . 00 to the general fund .
Councilwoman Russell asked Mr. Carvill to go over the drop in the fund balance for the
Highway Fund and Part Town and how those fund balances might be depleted . Mr. Carvill
stated that he has given that question considerable thought . The fund balances in both
Highway and Part Town have been declining annually for the past six years . Over the last
six years there has been an increase of 8% in the use of fund balance . Both these funds are
100% dependent on sales tax revenue . Increased costs have put additional stress on our
sales tax revenue and operating expenses have been covered by what we had in fund
balances . That fund balance is now getting small and there is a larger demand for it next
year. One of the concerns in the Highway Fund that needs to be addressed in 2003 ,
particularly with a new Public Works Facility, is that highway has been burdening some water
and sewer costs for which there hasn 't been equitable reimbursement . Mr. Carvill
recommended that the Town spend some time next year re-examining those costs and how
they can be equitably distributed .
Supervisor Valentino agreed there were some concerns but told the Board she did not feel
there was cause for alarm . The Town has substantially reduced the Part Town Budget from
1965 to the present by transferring certain items , such as parks , to the Whole Town General
Fund where there is a bigger tax inflow . The Part Town Fund no longer has a lot of things in
19
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
it that require carrying a large fund balance . The Board can transfer money from the General
Fund to either Part Town or Highway. They cannot , however, move money from those funds
to the General Fund . A large fund balance in the General Fund could be transferred to cover
needs in Part Town and Highway . The Highway Fund is of some concern . Supervisor
Valentino stated she has talked with Fred Noteboom and they think there's some money
"here and there" that is not going to be spent .
If the Town moves forward with the South Hill Water Connector project , the water and sewer
funds are going to look "pretty skimpy" for a short period of time , but they will be replenished
as those funds start to come in . They are still doing some analysis on those figures .
Supervisor Valentino stated she saw in the newspaper that the City is going to increase its
sewer rate and it' s water rate . This will mean increased costs for the Town so they' re trying
to move forward on the South Hill Interconnector project and may need to reprioritize other
capital projects .
In response to questions from Councilman Lesser, Supervisor Valentino stated the Town may
have to look at the water and sewer benefit rates , particularly the water rate , and put it up a
little , not as high, as it was originally . The water fund does not seem to be replenishing itself
as quickly as the sewer fund . Supervisor Valentino further stated that , this year and next ,
the Town is catching up on water and sewer projects so those fund balances are going to
come down some .
Councilman Klein questioned the increase in revenue from 2002 to 2003 on the Town wide
General Fund — Tentative Tax Benefit Assessments spreadsheet . The revenue jumps from
$ 1 , 800 , 000 . 00 to $2 , 600 , 000 . 00 . Councilman Klein asked what was in that line . Mr. Carvill
stated there is $200 , 000 . 00 in grant money for the Hannah Pew Trail . There is also a
$300 , 000 . 00 revenue anticipation note , which was the initial recommendation in lieu of selling
126 East Seneca Street . Councilman Klein asked if the rest was increased sales tax . Mr.
Carvill stated there was $200 , 000 . 00 increase in anticipated sales tax in the General Fund ,
Supervisor Valentino stated that they are actually budgeting closer to what the Town has
been getting in sales tax revenue , saying they've always underestimated it . This is a little
less conservative than what they've been doing , but this year they' re budgeting closer to what
the Town has actually been receiving . She reported she spoke with David Squires , Tompkins
County Office of Budget and Finance , regarding what the Town would most likely be getting
in November. He says that again , even with the adjustment the Town had come through , it
will still be more than what we've been getting . Supervisor Valentino commented on the
increase in activity at the Pyramid Mall : Borders , Target , Best Buy and Dicks . The big
question is will it continue . Councilwoman Russell questioned whether the Town would see
the increase in November stating she thought Mr. Squires had said the Town would see that
in the next quarter.
Councilman Klein asked for assurance that the Town is not being foolish by not imposing a
minor tax increase . Supervisor Valentino said the Board might want to consider an increase .
Councilwoman ; Russell expressed concern regarding the fund balances in the General , Part
Town , and Highway Funds . She asked Mr. Carvill to speak about this . Mr. Carvill stated
20
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
traditionally it was held that a municipality should hold back 20% of their budgeted
appropriations . He gave the following example : if we have 2 . 7 million in expenditures for
2003 , we should have $540 , 000 . 00 on -hand in cash . The way the fund balance is being
driven in this budget , without changing the financing of the Public Works Facility, the Town
will have a shortfall of $210 , 000 . 00 . Historically , the Town was flush with a lot of cash for a
long time . Then Audit and Control came through and said to the municipalities , you ' re on
your own in determining what would be a safe percentage . The Town has been maintaining
a fund balance between 30% and 35% over the past six years.
There was discussion of the combined fund balances in the General Town wide , General Part
Town , and Highway Funds and what percentage of the appropriations that combined figure
represented . Councilwoman Russell felt the combined total was well under a desired 33% .
Councilman Lesser suggested a tax increase in the order of 3 . 5% that would roughly cover
the interest and principal on the bond anticipation note for the old town hall . Supervisor
Valentino stated the problem she saw with that was it might trigger people to say they didn 't
want to increase their taxes and the Town could get a referendum saying the Town could not
borrow the money . Councilman Klein stated it would increase the fund balance .
Supervisor Valentino asked the board if they wanted to propose a tax increase in the
preliminary budget or have her go back , analyze the numbers better, and look at some of the
Town ' s projects . Councilwoman Grigorov stated the newspapers had already been told that
the Town wasn 't raising taxes. Councilwoman Russell stated that it was a Town Board
decision and Supervisor Valentino added that what was before them was her budget and that
Councilwoman Russell was right, it was a Town Board decision .
Councilman Lesser cautioned against operating like the County and drawing down fund
balances in an effort to hold down the tax rate . He acknowledged that the Town 's situation
was obviously different because our taxes raise a smaller portion of the Town ' s total
expenses . He further stated that , on the other hand , raising taxes may be a prudent thing to
do . The Town would have done a little bit to maintain balances in the face of what could be
another difficult year.
Councilman Klein stated that for the Town , unlike the County and the City, it's not a
desperate situation . The Town could propose a tax increase and if they hear from large
numbers of the public that this nickel is going to be disastrous , then they can go back to
1 . 26% .
Supervisor Valentino stated a small tax increase would not yield enough money to make
much difference in the budget . Councilwoman Russell stated it would be a percentage
increase that they would not have to put into place next year. Discussion followed regarding
• projected increases in Town property assessments and sales tax revenue .
Councilwoman Russell stated that other municipalities try to keep up with the rate of inflation .
Supervisor Valentino stated she felt in handling the people' s money the Town should budget
as close as possible to what the real expenses are . She felt we shouldn 't be using some
21
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
other' kind of barometer and just raise taxes by that amount . Councilwoman Russell stated
that we've depleted our fund balances . Supervisor Valentino stated it was because the Town
has done big projects , but we should be able to start building those funds back up now
because those projects , the public works facility, are going to be done .
Supervisor Valentino asked Mr. Noteboom about the condition of the Town ' s equipment . Mr.
Noteboom stated the equipment was in pretty good shape ; we have "the whole range from
old ones to newer" .
Councilman Klein asked how, without a change in tax rate , they would adjust the budget to
compensate for the increased borrowing in lieu of the sale of the old town hall . Mr. Carvill
stated that to cushion that debt someplace somebody is going to have to drop some
expenses in next year's operations . There is going to be an increase in some future year and
the only way that increase can be regulated is by looking at expenditures , not just revenues.
Councilwoman Russell pointed out that , under the Capital Budget Plan tab , the Parks and
Open Space Reserve amount has been reduced from the $50 , 000 . 00 the Capital Project
Committee's recommended be put aside to $35 , 000 . 00 . She remarked that the Town does
have a number of ambitious parks projects coming up . Supervisor Valentino stated when
they first talked about this in the Capital Projects Committee , they talked about moving the
amount up to $30 , 000 . 00 and then Mr. Carvill optimistically moved the amount to $50 , 000 . 00 .
That is how the figure became $50 , 000 . 00 , but it is still $5 , 000 . 00 more than the original
projection .
Councilman Klein asked if the consensus was they were not going to touch the tax rate ?
Supervisor Valentino stated there was still a month to go before approving the budget and
that she will go back and look at things a bit closer.
Mr. Carvill sought direction from the Board in increasing fund balances by 3% or $50 , 000 . 00 .
He stated the objective could also be reached by reducing some expenses . Mr. Carvill told
the Board he had searched the General Fund to advise Councilwoman Russell and
Supervisor Valentino where the Town could possibly decrease expenditures . He
recommended looking at "Garage Maintenance" stating he did not think we would need
$50 , 000 . 00 since we ' re building a new facility . Traditionally the Town has budgeted
$20 , 000 . 00 and we have only spent $5 , 000 . 00 thus far in 2002 . He felt this expenditure
could be reduced $ 13 , 000 . 00 in the proposed budget . He also recommended looking at
"Construction and Improvements . That is traditionally budgeted at $50 , 000 . 00 . Mr. Carvill
though it could be dropped down to $33 , 000 . 00 , adding $ 17 , 000 . 00 . Councilman Klein
agreed with this approach .
Councilman Burbank asked that the Preliminary Budget be presented in a way that can be
comprehended by "a lot of people" . •
Supervisor Valentino made the final comment that Mr. Carvill and the staff had , over time ,
worked hard at finding how to budget closer to actual . We 've kind of reached the end of that
22
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
road . We' re not going to be finding big windfalls anymore because we've pretty much used
all that stuff up . What she feels is before the Board is a pretty realistic budget .
• TB RESOLUTION NO. 2002= 157 - Set Public Hearing Date - Town of Ithaca 2003 Budget.
WHEREAS , the Town Supervisor and the Budget Officer have presented the 2003
Town of Ithaca Tentative Budget to the Town Board for their review; and
WHEREAS , the Town Board has reviewed the said 2003 Town of Ithaca Tentative
Budget;
NOW , THEREFORE , be it
RESOLVED , the governing Town Board hereby adopts the 2003 Town of Ithaca
Tentative Budget as the 2003 Preliminary Town of Ithaca Budget ; and be it further
RESOLVED , the governing Town Board hereby authorizes and directs the Town Clerk
to advertise for a public hearing to be held at the next regular meeting of the Town Board at
7 : 15 o 'clock p . m . , November 7 , 2002 , in order that they may consider the adoption of the
2003 Preliminary Town of Ithaca Budget as the 2003 Town of Ithaca Final Budget.
MOVED : Supervisor Valentino
SECONDED : Councilman Klein
VOTE : VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman
Grigorov, aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ;
Councilman Niederkorn , aye .
Agenda Item No 15 - Presentation of Tentative 2003 Southern Cayuga Lake
Intermunicipal Water Commission Budget for Changes and Adoption as the 2003
Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget
Councilman Lesser remarked on the large sum , $800 , 000 , being appropriated from the fund
balance and asked what their fund balance situation was . Supervisor Valentino stated it was
way too much , almost $3 , 700 , 000 . 00 .
Councilman Lesser asked if perhaps the rate was too high . Councilwoman Russell stated it
is difficult because you cannot really predict a drought and when there is a drought , Bolton
Point makes a lot more money. Most of the costs are fixed , there is no debt , and we continue
• to have hotter seasons . Supervisor Valentino stated one of the reasons they have not
lowered the rate more is because they do have pending projects , one of which they' re waiting
to hear from the City .
23
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
TB RESOLUTION NO. 2002= 158 = Acceptance of the Southern Cayuga Lake
Intermunicipal Water Commission 2003 Tentative Budget.
WHEREAS , the Town Supervisor and the Southern Cayuga Lake Intermunicipal Water
Commission ( SCLIWC) have presented the 2003 SCLIWC Tentative Budget to the Town
Board for their review; and
WHEREAS , the Town Board has reviewed the said 2003 SCLIWC Tentative Budget;
now , therefore be it
RESOLVED , the governing Town Board hereby adopts the 2003 SCLIWC Tentative
Budget as the 2003 Preliminary SCLIWC Budget ; and , be it further
RESOLVED , the governing Town Board hereby authorizes and directs the Town Clerk
to advertise for a public hearing to be held at the next regular meeting of the Town Board at
7: 30 o'clock p . m, , November 7 , 2002 , in order that they may consider the adoption of the
2003 Preliminary SCLIWC Budget as the 2003 SCLIWC Budget .
MOVED : Supervisor Valentino
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
Agenda Item No. 17 =Consider renewal of Contracts for Services in the Year 2003
Action was deferred to address questions regarding changes in cost from 2002 and pass-
through funding from the County
Aqenda Item No. 18 = Consider Approval of Employee Wages for 2003
Supervisor Valentino stated that this is an area that should not increase so much next year
because we now have the classifications and adjustments leveled out . The Town has put
quite a bit of money into getting people where they ought to be .
TB RESOLUTION NO. 2002459 = Approval of Year 2003 Employee 's Wages and
Modification to the 2003 Wage Scale.
WHEREAS , the governing Town Board of the Town of Ithaca has reviewed the
proposed wages for the Town of Ithaca employees for the year 2003 along with the •
recommended : modifications to the 2003 Wage Scale as presented by the Town Supervisor
and Human Resources Manager (see attachments) ; now , therefore , be it
24
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
RESOLVED , the governing Town Board of the Town of Ithaca does hereby approve
the modifications to the 2003 Wage Scale and the said wages for the employees for the year
2003 utilizing the modified 2003 Wage Scale as presented by the Town Supervisor and
Human Resources Manager, and as filed in the Human Resources Office .
MOVED : Councilwoman Russell
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
Agenda Item No 19 — Consider Approval of Elected Officials Salaries
Supervisor Valentino stated that the only change in these salaries was a cost of living
increase .
TB RESOLUTION NOm 2002460 = 2003 Proposed Elected Officials Salaries.
WHEREAS , the governing Town Board of the Town of Ithaca has reviewed the
proposed salaries , indicated below , for the elected officials for the year 2003 ; now, therefore ,
be it
RESOLVED , the governing Town Board of the Town of Ithaca does hereby approve
the said proposed salaries for the elected officials for the year 2003 ; and be it further
RESOLVED , the Town Clerk is hereby authorized and directed to publish the said
proposed salaries as required by Section 108 of the Town Law .
SUPERVISOR $ 33 , 700 ( Paid Biweekly)
TOWN BOARD MEMBERS (6) $ 7 , 350 Each ( Paid Quarterly)
TOWN JUSTICES ' (2) $ 14 , 050 Each ( Paid Biweekly)
MOVED : Councilman Klein
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
• Niederkorn , aye .
Agenda Item NO 20 — Consider Approval of Bolton Point Wages
25
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Supervisor Valentino stated these had gone through Bolton Point's system , which is a little bit
different than thei Town 's because they have a union . The wages before the Town Board are
the negotiated wages for the employees . The employees that are not union get at least the
same as the union .
TB RESOLUTION NO. 2002= 161 - Approval of Year 2003 Bolton Point EmpioVee Wages.
WHEREAS , the governing Town Board of the Town of Ithaca has reviewed the
proposed wages, for Bolton Point employees for the year 2003 as presented by the Town
Supervisor and Human Resources Manager (see attached ) ; now, therefore , be it
RESOLVED , the governing Town Board of the Town of Ithaca does hereby approve
the said wages for the employees for the year 2003 as presented by the Town Supervisor
and Human Resources Manager, and as filed in the Human Resources Office .
MOVED : Supervisor Valentino
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
Agenda Item No . 21 — Discussion of the Real Property Tax Exemptions
Supervisor Valentino stated her belief that it was general Town practice to raise the
exemptions to the allowed maximum .
TB RESOLUTION NO. 2002- 162 — Setting a Public Hearing for "A LOCAL LAW
INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR
REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65
YEARS OF AG'E OR OVER "
RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town
Hall , 215 North Tioga Street , Ithaca , New York , on the 7t" day of November 2002 , at 7 : 45
p . m . for the purpose of considering the adoption of a local law entitled :
"A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE
PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS
WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER
and it is further •
RESOLVED , that as such time and place all persons interested in such memorandum
may be heard concerning the same ; and it is further
26
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal published in
the City of Ithaca , Ithaca , New York , said publication to occur not less than ten days
before the day designated above for the public hearing .
MOVED : Councilwoman Russell
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
TB RESOLUTION NOm 2002= 163 - Set Public Hearinq Date — "Local Law Increasing The
Income Limitations For The Partial Tax Exemption For Real Property Owned By
Persons With Disabilities ".
RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town
Hall , 215 North Tioga Street , Ithaca , New York , on the 7th day of November 2002 , at 7 : 50
p . m . for the purpose of considering the adoption of a local law entitled :
"A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE
PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS
WITH DISABILITIES . "
and it is further
RESOLVED , that at such time and place all persons interested in such memorandum may be
heard concerning the same ; and it is further
RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to
publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca ,
Ithaca , New York, said publication to occur not less than ten days before the day designated
above for the public hearing .
MOVED : Councilman Klein
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
• Niederkorn , aye .
TB RESOLUTION NQs 2002- 164 - Setting a Public Hearing for "A LOCAL LAW
AUTHORIZING AUTOMATIC RENEWAL OF SENIOR CITIZENS REAL PROPERTY TAX
EXEMPTION"
27
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town
Hall , 215 North Tioga Street , Ithaca , New York , on the 7th day of November 2002 , at 7 : 55
p . m . for the purpose of considering the adoption of a local law entitled :
"A LOCAL LAW AUTHORIZING AUTOMATIC RENEWAL OF SENIOR
CITIZENS REAL PROPERTY TAX EXEMPTION "
and it is further
RESOLVED , that at such time and place all persons interested in such memorandum may be
heard concerning the same ; and it is further
RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to
publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca ,
Ithaca , New York, said publication to occur not less than ten days before the day designated
above for the public hearing .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
Agenda Item No. 22 — Discussion of Draft Personnel Manual
Supervisor Valentino commended Ms . Drake on her work on the Personnel Manual . Ms .
Drake reported that all employees have received a copy, a few comments have been
received , and she is hoping to have all comments by the 15th so they can be discussed at the
next Personnel Committee Meeting to be held prior to the November Town Board Meeting ,
Ms . Drake hopes to distribute a summary of the changes to the 1997 manual .
Aqenda Item No. 23 — Discussion of Forming a Tompkins County Municipal Officers
Planning Committee
Supervisor Valentino and Councilwoman Russell recommended forming a Municipal Officers
Planning Committee to , in part , provide a collective voice in the County' s Vital Communities
and Comprehensive Plan . Councilwoman Russell stated the group would also work on
issues the municipalities had in common , such as telecommunication towers . Supervisor
Valentino stated the committee would be made up of one elected official plus one planning
board member or board member interested in planning issues . There would be equal •
representation ; every municipality would have two representatives . Interest in forming such
an organization has been expressed at the municipal officers meeting . The Board gave their
approval to go ahead with such an organization . Councilman Burbank encouraged including
28
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
Ile City. Supervisor Valentino stated she saw no harm in inviting the City, from time to time ,
to sit in when the group talks about the Vital Communities . It would be a good gesture . If
they do sit in and it looks as though they are trying to cooperate and work with the group ,
they should be invited back every time . Supervisor Valentino did not feel they should be
• invited in as an official member, nor did she think the other municipal officers would go for it .
Jon Kanter offered to get information on other planning federations throughout the state .
Agenda Item No 24 — Consent Agenda
TB RESOLUTION NO. 2002- 165 - Consent Agenda Items.
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby
approves and/or adopts the resolutions for Consent Agenda Items Numbers 24a through 24d
as presented .
MOVED : Councilwoman Grigorov
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
TB RESOLUTION NO. 2002= 165a - Town Board Minutes.
WHEREAS , the Town Clerk has presented the minutes for the Regular Town Board
Meeting held on September 9 , 2002 , to the governing Town Board for their review and
approval of filing ;
NOW , THEREFORE , BE IT RESOLVED , the governing Town Board does hereby
approve for filing the minutes for the meeting held on September 9 , 2002 as presented at the
October 3 , 2002 board meeting .
MOVED : Councilwoman Grigorov
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
• RESOLUTION NO. 2002- 165b - Town of Ithaca Warrants.
WHEREAS , the following numbered vouchers have been presented to the Ithaca
Town Board for approval of payment ; and
29
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
WHEREAS , the said vouchers have been audited for payment by the said Town
Board ; now therefore be it
RESOLVED , that the governing Town Board hereby authorizes the payment of the
said vouchers in total for the amounts indicated .
VOUCHER NOS . 5625 - 5787
General Fund Townwide $ 38 , 271 . 05
General Fund Part Town $ 21606 . 79
Highway Fund Part Town $ 319936 . 16
Water $ 171 , 645 . 65
Sewer $ 31185 . 76
Hanshaw Rd Sanitary Sewer $ 538 .40
West Hill $ 31675 . 00
Stone Quarry $ 35 , 325 . 56
Trumansburg Rd Sewer Improvement $ 267 . 47
Biggs Water Main Replacement $ 267 .47
Public Works Facility $ 115 , 316848
Fire Protection $ 467 , 24197
Forest Home $ 165 . 91
Lighting $ 829 . 85
T & A $ 51506 . 40 -
TOTAL $ 876 . 781 . 92
MOVED : Councilwoman Grigorov
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
TB RESOLUTION NO. 2002465c — Bolton Points Warrants.
WHEREAS , the following numbered vouchers for the Southern Cayuga Lake
Intermunicipal Water Commission have been presented to the governing Town Board for
approval of payment ; and •
WHEREAS , the said vouchers have been audited for payment by the said Town
Board ; now, therefore , be it
30
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
RESOLVED , that the governing Town Board hereby authorizes the payment of the
said vouchers .
Voucher Numbers : 527 - 577
• Operating Fund $78 , 662 . 54
Office Space Addition 41104695
TOTAL $82367 .49
MOVED : Councilwoman Grigorov
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye .
TB RESOLUTION NO. 2002465d - APPROVAL TO ATTEND THE QUALITY
COMMUNITIES 2002 CONFERENCE
WHEREAS , attendance at conferences has proven to be a valuable educational experience
for Town Board members and Town staff , and
WHEREAS , the New York State Department of State is holding the Quality Communities
2002 Conference on October 22-23 , 2002 , in Albany, New York, and
WHEREAS , it is beneficial to the Town to send members of its Boards and staff to
conferences of this type , and
WHEREAS , the current Planning Department and Town Board budgets includes sufficient
funds for this purpose ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca does
hereby approve the attendance of Town Board member Will Burbank and Planning
Department staff member Susan Ritter to the New York State Quality Communities
Conference Environment on October 22 -23 , 2002 , in Albany, N . Y . at a cost not to exceed
$544 . 00 , which includes registration ($ 110 each) , and meals (totaling $ 130) , and lodging
(totaling $ 180 . 00) and parking and gas ($36) , to be charged to Account Nos . B8020 . 403 and
A1010.410 .
• MOVED : Councilwoman Grigorov
SECONDED : Councilman Klein
31
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman
Niederkorn , aye.
Agenda Item No. 25 — Report of Town Committees
Cayuga Lake Watershed Intermunicipal Organization — Councilwoman Grigorov reported
that the Intermunicipal Organization had receive $230 , 000 for watershed restoration work ,
primarily erosion and sediment control .
Transportation Committee — Councilman Lesser reported they are in the process of
collecting baseline data from the areas under consideration for additional traffic patrolling .
This will allow them to compare before patrolling with after patrolling to see the impact of
extra patrolling .
Councilman Lesser notified the Board that he was writing a letter-to-the-editor supporting
Sheriff Meskill bid for re-election .
Agenda Item No 26 — Report of Town Officials (Attachment #5)
Highway — Fred Noteboom reported that Cornell has "kind of agreed" to talk with the Town
and work out an agreement regarding detouring traffic as a result of work on the Route 366
bridge . The State will buy the signs .
Public Works Facility - There is a $6 , 095 . 00 change order that will be coming for the trench
drain . It has been discussed at the Public Works Committee .
Councilman Klein stated the Public Works Committee discussed authorizing Fred Noteboom
to approve change orders under a certain amount so that every change will not have to go
before the Town Board thereby holding up the project. Mr. Noteboom asked that the authority
be given to Dan Walker instead of himself .
TB RESOLUTION NO 2002= 166 - Approval of Change Orders for the Town Public
Works Facility
RESOLVED , that the Director of Engineering , with the advice of the Architect , Town Highway
Superintendent , and Town Supervisor, be authorized to approve change order on the Town
Public Works Facility of up to $ 10 , 000 each with an aggregate limit of $ 50 , 000 , in order to
permit the job to proceed in a timely manner with the Director of Engineering to submit such
change order at the next Town Board Meeting to be ratified by this Board .
MOVED : Councilman Klein
SECONDED : Councilman Niederkorn
32
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
VOTE: Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye .
• Director of Planning
Mr. Kanter drew the Board 's attention to information on an October 23rd and 24th State
sponsored seminar on SEAR compliance .
Cornell will be coming before the Planning Board October 15 regarding the proposed alumni
field relocation to the horse paddock site on Pine Tree Road . These are two lighted soccer
practice fields and several additional unlighted fields . There will be no spectator stands . Mr.
Kanter thought the major issues would be noise , lighting , traffic and parking as a secondary
concern , drainage . Cornell realizes these are all going to be controversial issues and they
are proposing to do an Environmental Impact Statement ,
Additional Agenda Item No. 1 - Discussion and Possible Resolution Against a
Preemptive Attack Against Iraq
Councilman Burbank thanked the Board for opening itself up to hear from concerned
members of the community. He stated he knew it was an unusual topic and something of
grave importance to certain members of the community. Mr. Burbank asked if people were
happy with the letter as is and invited Board Members to sign . The Board discussed that it
would not be a Board action . Supervisor Valentino and Councilwoman Russell indicated they
would not sign the letter. Councilpersons Grigorov, Lesser, Klein , and Niederkorn indicated
they would sign the letter.
Adjournment
On motion by Councilwoman Russell the meeting was adjourned at 10 : 15 p . m .
Respectfully submitted ,
0
Tee-Ann Hunter
Town Clerk
33
Regular Meeting of the Ithaca Town Board 101312002
Approved November 7, 2002
34
kk
z r
b i
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca ,
Tompkins County , New York and that the following notice has been duly posted on the sign board of
the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, ( Ithaca Journal ) :
Location of Sign Board Used for Posting : Town Clerk's Office
215 North Tioga Street
Ithaca , New York 14850
LEGAL ADVERTISEMENT . NOTICE OF PUBLIC HEARING REGARDING THE
PROPOSED CABLE FRANCHISE AGREEMENT
Date of Posting : Monday, September 23 , 2002
Date of Publication : Monday , September 23 , 2002
Tee-Ann Hunter,
Town Clerk , Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
Sworn to and subscribed before me this _ day of P �C1 sOb-C/r , 2002 .
Notary Public
b ia of Noary Puus State N w York
Quali ed n� ompk ns County
Corttrrt scion Expires August 20, 14 0020 R
+ N
" !
c �
i
I
NOTICE OF A - I
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
that a public hearing will be '
held before the Town Board
Of the Town of Ithaca at 215
North Tioga Street, Ithaca,
New York, on the 3rd day
F of October, 2002 at 6:30
p. m . regarding the pro-
; posed Cable Franchise
Agreement. At such . time
and place all persons
interested s e
thereof will be
ter heard
l
concerning the same.
'At that time the Town Board
will hear any , person• o
interested in such '
agreement. Individuals with
visual or hearing impair
ments 'or other special needs
;, will be provided with assis-
tance as necessary, upon re-
quest. Persons desiring assis-
tance must make 6 request ,
to the Town Clerk not less '
than 48 hours prior to the
time of the public hearing .
. Tee-Ann Hunter,
Town Clerk I
Town of Ithaca '
September 23, 2002 !
TOWN OF ITHACA
TOWN BOAR ®
SIGN - IN SHEET
DATE : Thursday , October 03 , 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION
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3 2002 ATTACHMENT # 2
Town Board Meeting October ,
August 31 2002
1,
To The Town of Ithaca Board and Highway Superintendent,
Since March of this year, several residents of Roat St. have been making inquiries
into having three stop signs installed at the T-intersection of Roat St. and Orchard
St., as well as a four-way stop at the intersection of Roat St. and Blackstone St.
There are almost thirty young children residing on these streets. These children are
very active and interactive, spending a great deal of time crossing the streets to play
at each other' s homes. Since there are no sidewalks on these streets, bike riding and
scootering also take place in the streets.
Over the past few years we have noticed a dramatic increase in the volume of non-
resident traffic on our streets. We believe motorists are using the long stretch of
Roat St to avoid congested traffic at the intersection of Warren Rd. and Hanshaw
Rd. This increase in traffic is especially evident early in the A.M. and during
evening rush hour. Rush hour coincides with the time our children are most often
playing with each other (after school), creating a hazardous situation for these
youngsters, as well as a nerve-wracking combination for their parents. We have also
noticed a large increase in traffic on our streets when Cornell is in session.
Compounding this problem is the speed many drivers use when using our streets as
a shortcut. Many drive far above the speed limit, creating an intensely dangerous
situation for our children.
It is our hope that you will rectify this dangerous situation in a timely
manner — before an accident occurs. It would be best if you folks could have the
signs in place before the frost to avoid this as an excuse to delay this matter any
further. In the interim, a "Children At Play" sign would serve as a productive
warning to speeding motorists.
Attached are the signatures of residents of Roat St., Blackstone St. and Orchard St
that would like to see these measures put in place.
The following individuals can be contacted with any information you may wish to
provide as this process is carried-out:
Use Bouvet and Yves Boisclair - 257- 1438
Reed and Greta Dewey - 257-2442
Nick and Joyce Van Eck - 266-0831
Sincerely,
The Residents of Roat St., Blackstone St. and Orchard St.
Petition to install stop signs on Roat Street
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Name Address # of Signature
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Petition to install stop signs on Roat Street
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REGULAR TOWN BOARD MEETING OCTOBER 3 , 2002 ATTACHMENT 4?
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD
FROM : JONATHAN KANTER, DIRECTOR OF PLANNING
RE : PROPOSED MODIFICATION OF ITHACARE SPECIAL LAND USE
DISTRICT (SLUD NO . 7 — LOCAL LAW NO . 1 — 1994)
DATE : SEPTEMBER 25 , 2002
As a follow-up to the September 91h Town Board meeting, Mark Macera, Executive Director of
Longview, has provided supplemental information regarding the size and use of the proposed
pavilion (see letter dated Sept . 17 , 2002) . Earlier materials are also included in the packet.
Planning staff has also prepared a series of photographs of the Longview site, included in the
packet, illustrating how the proposed pavilion would fit on the site . Architectural drawings of
the pavilion, including a floor plan and elevation , are also included. Mr. Macera plans to attend
the October 3rd Town Board meeting to discuss the pavilion and proposed SLUD amendment
with the Town Board.
As discussed at the September meeting, Longview is suggesting the amendment of Local Law
No . 1 — 1994 (which created Special Land Use District, or SLUD , No . 7) . The Town Board is
being requested to schedule a public hearing to consider amending Local Law No . 1 — 1994 ( 1 ) to
allow the Planning Board to consider "significant revisions" to the original Ithacare site plan
without the applicant also having to obtain the approval of the Town Board, and (2) to allow the
construction of a 2900 +/- square foot pavilion (the SLUD allows accessory buildings such as
pavilions provided that each such building does not exceed 200 square feet in size) . Longview
has submitted a site plan application to the Planning Board for consideration of the proposed
pavilion (and a new walkway) , which is tentatively scheduled for the October 15th Planning
Board meeting, pending a referral from the Town Board .
Specific wording has not been drafted yet for such an amendment to Local Law No . 1 — 1994 . It
is suggested that if the Town Board is willing to consider such an amendment, then the matter be
referred to the Planning Board for a recommendation at the same time that it is considering
preliminary site plan approval , and that a public hearing date could be set by the Town Board,
possibly for the November 7th, 2002 meeting, to consider the amendment of SLUD No. 7 . If the
Board wishes to consider these modifications, then it could also request that John Barney draft
such an amendment for the Board ' s consideration that would be included in the application
materials that will be sent to the Planning Board for the October 15th meeting.
Meanwhile , please feel free to let me know if you have any questions regarding this matter.
Att.
cc : Mark A . Macera, Executive Director, Longview
I
Lon ew
1M IPA
SEP 18 W
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an Ithacare community
TOVV'N OF ITHACA
PLANIN" ING , Z KING , NGINEERING
September 17, 2002
Jonathan Kanter, AICP
Director of Planning
Town of Ithaca
215 North Tioga Street
Ithaca, N. Y. 14850
Re: Supplemental information in support of Ithacare ' s pavilion construction project
Dear Mr. Kanter:
I have been requested to provide collateral information that may shed additional light on
Ithacare' s justification for constructing a (proposed) new 2,900 square footage
pavilion on its site.
In addition to the details included with our program statement that was enclosed with our
development application, Ithacare consulted a number of sources and considered and
weighed a number of factors before reaching a conclusion to propose the construction of
a pavilion of approximately 2,900 sq . ft . The two most significant factors that lead to this
decision are as follows:
• Incorporation of universal design features that will make it possible for persons
with a broad range of physical and mobility related needs to engage in activities
and make use of this facility. For instance, one, among many applications, is
providing enough area (5 feet by 5 feet) for persons with mobility impairments who
require the use of assistive devices, and/or the assistance of staff, to maneuver.
Presently, approximately 89, or 52% of Longview ' s residents utilize assistive devices,
• Our experience dictates that we need to provide adequate space within a pavilion
to accommodate routine programming needs and the traffic generated by these
activities. For instance, our most recent event included our Labor Day picnic earlier
this month. A total of 299 individuals attended this celebration, including 170
Longview residents, 91 family members/guests, 20 volunteers (including 16 IHS
soccer team players, 1 staff, 1 community member and 2 IC students), 20 Longview
staff from the recreation and dining departments and other miscellaneous personnel .
In addition to the space required to accommodate the number of individuals attending
this event, additional space was required to provide logistical support for food
services, sanitation, emergency services, transportation and entertainment .
I Bella Fista Drive • Ithaca, AT 14850 In partnership with Ithaca College
phone: 607.375. 6300 fax.• 607.375. 6301 to promote intergenerational living & learning
website: www.ithaca. edu/longview/
Members of the Town boards, committees and star who are interested in conducting
independent research to learn more about creating accessible and/or adaptable spaces to
meet the needs of the elderly with disabilities are encouraged to refer to several sources
that deal with these matters. Some of the publications that we have found to be useful
include the American National Standard for Buildings and Facilities-Providing
Accessibility and Usability for Physically Handicapped People (ANSI A117. 1 1992)30
Uniform Federal Accessibility Standards, Americans with Disabilities Act Accessibility
Guidelines, and the Fair Housing Accessibility Guidelines.
Thank you for the opportunity to submit this additional information.
Sin rely,
Mark A. Macera
Executive Director
low
ongvlew E
i AUG 3 0 2002 �l
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an Ithacan community
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August 29, 2002
Planning Department
Town of Ithaca
215 North Tioga Street
Ithaca, N. Y. 14850
Re: Modifications to the Longview site plan
Dear Planning Department :
Our correspondence dated August 14, 2002 includes a development review application
relative to special land use district no . 7 . At this time, and in consideration of the specific
site modifications proposed by Ithacare in its most recent application, it may be
appropriate for the Town of Ithaca to consider amending Local Law No . 1 — 1994 as
follows.
• Amend the local law to permit the Town of Ithaca Planning Board to consider
reviewing and rendering decisions regarding "significant revisions" to the Longview
site plans (reference item no . 5 of Local Law No . 1 - 1994) .
• Amend the local law to permit the construction of a single pavilion of +2900 sq . ft.
(reference item no . 2(b)(ii) of Local Law No . 1 - 1994) .
Thank you for your consideration of this matter.
S ' ere ,
ark A. era
Executive Director
I Bella FjSta Drive • Ithaca, NY 14850 In partnership with Ithaca College
phone: 607.375. 6300 fax.• 607. 375. 6301 to promote mtergeneratioaal living & learaiag
website: www.ithaea. edu/longview/
Nib
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'xram Statement For Open Air Covered Pavilion
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Description : Open air covered pavilion on concrete slab .
Placement : Western edge of the north lawn and bordering wooded area. This location
will minimize negative impacts on scenic view(s) and on open spaces .
Building Usage : Resident gatherings, including picnicking, social and recreational
programming.
Approximate size : 50' x 58' (2,900 square feet) .
Occupancy : Accommodate + 125 individuals .
Additional Features : Restroom and storage area. Utilities serving pavilion include
electricity, water and sanitary.
Other: None
II
LIGHT FDRURE
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a PAVILION EAST ELEVATION
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NEW LINE OF PATH
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HASCUP • LORENZINI ARCHITECTS LONGVIEW - AN ITHACARE . COMMUNI
OPEN AIR COVERED PAVILION
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• • 1 • 1 1 • T View from adjacent 1 parking • looking
i 1 • i 11 ' 1 ' ' 1 / 1 1 . • West. Approximate location of proposed / . •
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MUMAWOMIMPTOM 073.• • . 1 R ITS• 1 . / 1 / pavilion. 1 in front of building contain
• 1 / 1 • 1 • /
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I View w 1„ F • � X3'��Yik�� .. �.`"+.. . .try if . -1�r}3r_�+. , ..
from overlook off of Dan/y Danby Road.
View of entire Longview complex from scenic (Entrance drive located between building and DOT
overlook off of / • 1 . 1 bulldozer),
a _
LOCATION MAP : LONGVIEW AT ITHACARE PAVILION, WAL .
Town of Ithaca Planning Board , October 15 , 2002
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zoning.app, wp511zon, 1213197
LOCAL LAW NO . 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE ITHACARE SENIOR LIVING
COMMUNITY ON DANBY ROAD OWNED BY ITHACARE CENTER SERVICES INC .
(as amended by Local Law 2 - 1996)
The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised
effective February 26 , 1968 , and subsequently amended , be further amended as follows :
1 . Article 2 , Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said section a district designated as
" Special Land Use District No . 7 " .
2 . The uses permitted in Special Land Use District No . 7 are :
(a) One multiple-family dwelling consisting of at least 40 dwelling units and up to
160 dwelling units aggregated with central dining , kitchen, activity ,
administration , and maintenance areas , and other related community service
space , such multiple-family dwelling being intended to provide assisted living
accommodations . Each dwelling unit in said multiple-family dwelling may be
occupied by no more than two persons , related or otherwise .
(b) Subject to special approval and site plan approval by the Planning Board the
following accessory uses are permitted :
( i) off- street garage or parking spaces for the' residents of, employees
working at , and visitors to the permitted facilities .
accessory buildings such as storage sheds , pavilions , gazebos , and other
similar small buildings provided that no single building exceeds more
than 200 square feet in size and provided further that the size and
location of each such building is approved by the Planning Board .
( iii) Common recreational areas including walkways , parks , community
gardens , and other similar outdoor recreational facilities .
( iv) Any municipal or public utility structures necessary to the provision of
utility services for the permitted facilities .
(v) Signs , as regulated by the Town of Ithaca Sign Law .
A - 90
zoning.app, wp511zon, 1213197
3 . Any use in this district shall be governed by all of the requirements , including side
yards , setbacks , building coverage , building height , and similar requirements , of a Residence
District R- 15 , except as the same may be specifically modified by the terms of this local law .
4 . In addition to the requirements and restrictions imposed by the Town of Ithaca
Zoning Ordinance , the area being rezoned to Special Land Use District No . 7 shall be subject
to the following conditions :
(a) The exterior design , specifications , and plans for all buildings and other
improvements to be constructed on the premises and the development of the
grounds and construction of all outside facilities including lighting and signs
shall have been shown on a final site plan and design drawings approved by the
Planning Board , and any construction thereafter shall be in accordance with said
site plan and drawings as finally ` approved . In determining whether or not to
approve the site plan , the Planning Board shall employ the same considerations
it would employ in approving the site plan pursuant to Article IX and Section
78 of the Town of Ithaca Zoning Ordinance .
(b) Building permits shall be required for any construction , including construction
of signs and outdoor lighting facilities . Such permits shall not be issued until
the Planning Board has approved the design and specifications for such proposed
construction .
(c) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the
contrary , in Special Land Use District No . 7 , no building shall be erected ,
altered , or extended to exceed 34 feet in height from the lowest interior grade
or 30 feet in height from the lowest exterior grade , whichever is lower , except ,
however , that the one multi-family dwelling permitted pursuant to paragraph
2 (a) above may exceed said height limitations provided such building is
constructed substantially in accordance with the elevations and plans numbered
SK-L1J (Preliminary Site Plan - Alternative B . 3) , L-4 (Planting & Materials
Plan) , L-5 (Trail Plan) , L-6 and L-7 (Details) , and A- 6R (Elevations) , prepared
by L . Robert Kimball & Associates and dated January 30 , 1996 , (hereinafter
collectively referred to as the January 30 , 1996 , Site Plan " ) copies of which are
on file with the Town of Ithaca Planning Department . The heights shown on
said plans shall constitute the maximum heights permitted for such building .
Notwithstanding the foregoing , under no circumstances shall the highest point
on the building exceed an elevation of 607 feet above City of Ithaca datum . No
structure other than a building shall be erected , altered , or extended to exceed
30 feet in height .
(d) Except as specifically provided for herein any construction for which a permit
A - 91
zoning. app, wp5Dzon, 1213197
is granted shall comply with all applicable laws , codes , ordinances , rules and
regulations .
(e) The dwelling units in this Special Land Use District No . 7 shall be occupied by
persons over the age of 54 years requiring assisted living accommodations ,
except that adult persons under 55 years of age may reside in the units if
because of disabling conditions said adult persons require the services provided
by the owner , provided that no more than ten per cent ( 10 % ) of the occupants
of the facility are under the age of 55 .
(f) All of the area rezoned pursuant to this local law shall be owned by the same
party and there shall be no subdivision of the area contained in Special Land
Use District No . 7 .
(g) There shall be provided at least 2 parking spaces for every three dwelling units ,
except that the Planning Board may reduce the required number of spaces by no
more than 20 % in accordance with the criteria set forth in Section 38 ,
subparagraph 1 of the Zoning Ordinance as amended by Local Law No . 10 for
the year 1993 except that there need not be a finding that the occupancy of the
building or buildings is intended to be a multiple use . If the Planning Board
permits such a reduction , the Planning Board may impose such reasonable
conditions , including the conditions set forth with respect to reductions of
parking spaces in business districts , as may , in the judgment of the Planning
Board , be necessary to assure that such reduction will not cause congestion ,
create undesirable traffic flows or hazards , or otherwise be adverse to the
general welfare of the community . In any event , unless expressly waived by the
Planning - Board , such reduction shall be subject to the same mandatory
conditions as are set forth with respect to business district parking area
reductions .
5 . Any significant revisions to the Preliminary Site Plan (the January 30 , 1996 , Site
Plan , a copy of which is on file at the Town of Ithaca Planning Department) , submitted to the
Town board shall be submitted to and be approved by the Town Board before issuance of any
building permits . In accordance with the provisions of the Zoning Ordinance a final site plan
shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any
building permits .
6 . The area encompassed and rezoned in accordance with this local law to Special Land
Use District No . 7 is described on Schedule A to this local law . The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the location described .
7 . Any violations of the terms of this local law shall constitute a violation of the Town
A - 92
zoning. app, wp5 lzon, 1213197
of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in Section
268 of the Town Law of the State of New York . Each week ' s continued violation shall
constitute a separate offense . Notwithstanding the foregoing , the Town reserves for itself, its
agencies and all other persons having an interest , all remedies and rights to enforce the
provisions of this law , including , without limitation , actions for any injunction or., other equitable
remedy , or action and damages , in the event the owner of the parcel covered by this law fails
to comply with any of the provisions hereof.
8 . In the event that any portion of this law is declared invalid by a court of competent
jurisdiction , the validity of the remaining portions shall not be affected by such declaration of
invalidity .
9 . This law shall take effect 10 days after its publication .
SCHEDULE A
DESCRIPTION OF PROPERTY TO BE REZONED
TO SPECIAL LAND USE DISTRICT NO . 7
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , County
of Tompkins , State of New York , bounded and described as follows :
BEGINNING at an iron pin set at the intersection of the westerly highway line of the
State of New York as appropriated for the Ithaca-Danby State Highway No . 5043 and delineated
on Map 15 Parcel 22 and recorded in the Tompkins County Clerk ' s Office with the northerly
line of lands reputedly of John M . Kelly as described in Liber 693 of Deeds at Page 255 , said
pin being located a perpendicular distance from the present center line of the Danby Road , State
Highway Route No . 9613 of 110 . 0 feet and is located 7 . 7 feet northerly from a granite highway
monument found ;
Running thence westerly an average bearing of north 83 degrees 26 minutes 05 seconds
west along the northerly line of lands reputedly of Kelly , reputedly of Payne as described in
Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371 , and continuing along the
lands reputedly of Cofer as described in Liber 611 of Deeds at Page 160 , for a distance of
1 , 434 . 92 feet to an iron pipe found , said iron pipe marks the northeasterly corner of lands
reputedly of Turk as described in Liber 458 of Deeds at Page 522 ;
Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds
east along the easterly line of lands reputedly of Berggren as described in Liber 624 of Deeds
A - 93
�yd
zoning. app, wp511zon. 1213197
at Page 79 and continuing along lands reputedly of Puerta as described in Liber 577 of Deeds
at Page 613 and continuing along the lands reputedly of Goodloe as described in Liber 656 of
Deeds at Page 590 , for a distance of 714 . 42 feet to an existing iron pipe , said iron pipe marks
the northeasterly corner of lands of Goodloe ;
Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new
division line through the lands of Ithaca College for a distance of 1 , 375 . 48 feet to an iron pin
set ;
Running thence south 78 degrees . 28 minutes 05 seconds east and continuing through
the lands of Ithaca College for a distance of 230 . 0 feet to an iron pin set in the westerly highway
line of New York State Route 9613 , Danby Road ;
Running thence .south 11 degrees 31 minutes 55 seconds west along the westerly
highway line of New York State Route 9613 , the Danby Road for a distance of 525 . 0 feet to an
iron pin set , said iron pin marks the northeasterly corner of the scenic overview area as
appropriated by the State of New York ;
Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line
of the scenic overview area for a distance of 60 . 0 feet to an iron pin set ;
Ah
Running thence south 11 degrees 30 minutes 40 seconds west along the westerly line
of the scenic overview area for a distance of 335 . 64 feet to an iron pin set , the point and place
of beginning .
Said parcel contains 28 . 010 acres of land to the highway line .
A - 94 41
Regular Town Board Meeting October 3 , 2002 ATTACHMENT # 4
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WEST HILL WATER AND SEWER 2002 BID ANALYSIS
BID DATE 9/12/02
CONTRACT ELEMENT ENG ESTIMATE BID DIFFERENCE
HOSPITAL SEWER REPL . $ 405 , 566 .26 $ 507 , 796 . 00 $ 102 ,229 . 74
TRUMANSBURG RD . EXT . $ 158 , 273 . 50 $ 180 , 900 . 00 $ 22 ,626 . 50
NET DIFFERENCE SEWER $ 124 , 856 .24 OVER BUDG
BIGGS WATERMAIN REPL . $ 1367768 . 50 $ 1151236 . 00 $ (21 , 532 . 50) UNDER
`rnitim C :A I 'rHACA . NEW YORK OCTOBER , 2000_"'
911 HE SUPERVISOR : y 'AGE I,
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2002 SPORTING LICENSES
2003 SPORTING LICENSES
DECALS
4 MARRIAGE LICENSES NO . 012080 TO 02083 :3 5 . t;? 0
AGRICULTURE ULTURE REPOR `C
COPY AERIAL PHOTOS
4 MISC . COPIES 38 . 00!
COMPREHENSIVE PLAN
DRAFT ZO MAPS ( PER MAP )
L._ DRAFT ZONING ,MAP ( EACH ) 1 . 50
DRAFT ZO MAP SET
DRAFT ZO
'I DRAFT ZO PACKAGE I. 5 . 0 {O
ENVIRONMENTAL REVIEW
EXECUTIVE SUMMARY ZO
_ _ ... r'._ MARRIAGE 'TRANSCRIPT 80 . 0x1
NOISE ORDINANCE
RETURNED CHECK — CLERK
RETURNED CHECK — TAXES
RETURNED CHECK — W & S
OPEN SPACE REPORT 1984
POSTAGE
PARK OPEN SPACE EXEC SUM
PARK OPEN SPACE FULL RPT
SIGN ORD .1 !`4ANC: E
SIX MILE CREEK REPORT
� L! BDIV 1SICtN REC ULATICNS
5 TAX SEARCH 25 . 00
USE OF PARRS BLDG' 30 ' i A
WETLAND GUIDELINES
WATER & SEWER SEARCH
ZONING MAP
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ZONING ORDINANCE DRAFT
A .'. '2 � ".: TOTAL TOWN CLERK FEES 27400 w�
A1555 108 DOG ENUMERATION 108 . 00
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i FOUNDATION PERMITS 50* 00
CERTIFICATE OF t? r, CUPANCY
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OPERATii' NG PERMITS 1 , 125 , 00
FTRF SAFETY INSPECTIONS
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' Town Engineer 's Report for 10/3/02
Town Board Meeting
GENERAL
Records Management
Engineering staff is continuing to work with existing record maps of the Town ' s water and sewer
systems to develop an electronic GIS record map . Student interns are continuing to transfer data from
the paper record maps and field notes to accurately locate Town facilities on the Arc View GIS .
Approximately 75 % of Town sewer mains have been mapped and mapping of approximately 40% of
Water mains has been completed to date.
Park and Open Space
Hanna Pew Trail : The preliminary design approval has been received from the regional office of
NYSDOT . Final design is now being completed and details of the connection with Pine Tree Road are
being coordinated with the County Highway Department.
Highway
The Town Engineering staff completed design details for the Stone Quarry Road repair and worked
with the Highway Department on adjustments during the construction process .
Public Works facility
Construction started the Week of August 26 and the Town Engineer has been providing technical
support on construction inspection and contract administration .
Tompkins County Emergency Management Planning Committee
The plan is nearing completion and a draft copy will be given to committee members in the near future.
Town of Ithaca Emergency Management and Fire Protection
Town staff is in the process of updating the Town emergency response plan.
EARTH FILL PERMITS
The City of Ithaca has not filed an application for the proposed demolition and construction spoil
disposal site on the Landstrom, but the Town Engineer understands that the City is in the process of
developing a plan . The Town Engineer has received a letter from the Supervisor of the Town of
Newfield addressed to Supervisor Valentino, dated August 13 , 2002 , regarding the desire of the Town
of Newfield to have input on decisions regarding the proposal as it will impact Town of Newfield
Roads and Residents . The Town Engineer will meet with Newfield representatives and review the
proposed plans after they are submitted and reviewed by the Town Engineers Staff. NYS Parks will
also be kept informed of the proposal and review process .
TOWN ENGINEERS REPORT 9/9/02
WATER PROJECTS
Integrated Water System
Final project planning and design work on improvements for the integrated water system is on hold
until completion of the revised SCLIWC agreement.
The Town Engineer and Bolton Point staff have been meeting with the Cornell University Utilities
department to evaluate opportunities for cooperation.
The Town Engineering staff has completed a site survey and test borings for a proposed SCLIWC
tank on Cornell University Hungerford Hill Road property. Preliminary design is being completed
in conjunction with the design of a South Hill Transmission line extension to provide water to the
West Hill and Inlet Valley water service area .
West Hill Water System
The Bids for replacement of the watermain behind the Biggs complex and the Hospital have been
received and a recommendation for award of the contract will be presented to the Board at the
October 3 meeting.
Several alternatives for a new water storage tank are being reviewed, including several sites on the
EcoVillage property. Site surveys have been completed and test borings are being done to assist in
completing an engineering report with recommendations.
Burns Road Water Main Extension
The Town Engineer has prepared an engineering report and preliminary cost estimate for the
extension of a watermain on the South end of Burns Road . The environmental review and
Agricultural assessment is being completed and final approval of the project will be requested after
the review by the State Agricultural committee .
SEWER PROJECTS
Intermunicipal Sewer System
The Intermunicipal sewer Committee has been continuing to work on the Draft Agreement for
expanding the partnership in the sewer system . The Intermunicipal Sewer Group includes the three
existing partners in the Joint Sewer Subcommittee of the City of Ithaca, The Town of Ithaca, and The
Town of Dryden , plus the three potential partners , which are the Village of Lansing, The Village of
Cayuga Heights and the Town of Lansing. The Draft Environmental Impact Statement has been
revised and has been submitted to DEC for comments .
Stearns and Wheler have developed the preliminary Design of the Phosphorus removal project at th
Ithaca Area Waste Water Treatment Facility . The project design is proceeding well and should be
completed this summer for construction later in the year.
f AreportsTR PT02 I O.doc
Daniel R . Walker Page 2 9/27/02
-r
TOWN ENGINEERS REPORT 9/9/02
The Town Engineer submitted a status report on the town ' s Infiltration and Inflow control program
to the SJS to be included in the annual report to NYSDEC . (copy attached)
West Hill Sewer System
The Bids for replacement of the sewer main behind the Biggs complex and the Hospital have been
received and a recommendation for award of the contract will be presented to the Board at the
October 3 meeting .
DEVELOPMENT REVIEW
Site work for the PRI Museum of the Earth is continuing with construction of the drive and parking
areas , along with building construction . The Town Engineering staff has been inspecting the site
periodically to ensure compliance with the approved site plan . The contractor has installed the
required sediment and erosion control measures and is maintaining them. No site related problems
have been noted .
EcoVillage is continuing on the site work and buildings for the Second Residents ' Group . Sediment
and erosion controls have been maintained adequately during construction . Final site work and
landscaping will be completed as the Buildings are finished.
College Circle Phase 3 Site construction is proceeding with mass grading . The main diversion
around the upper part of the site has been roughed in and the main detention basin outlet pipe with
sediment riser has been installed . The Storm Water Management plan for the site was approved and
is being inspected for compliance by the Engineering Staff. The Town of Ithaca will be monitoring
operation and maintenance of the storm water control system, and has authority by agreement to
ensure proper function . The Ithaca College Coddington road site approved for - fill has been rejected
by the contractor as too costly. Several other sites are being considered for the excavated material.
Any site within the Town of Ithaca will require a fill permit.
The Town Engineering staff has been monitoring drainage work and sediment and erosion control
systems at the Baker institute expansion project.
Linderman Creek Phase Two is continuing with site work and utilities installation . The Town
Engineering staff has been inspecting the site periodically to ensure compliance with the approved
TOWN OF ITHACA
215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273- 1721 HIGHWAY ( Roads , Parks, Trails, Water & Sewer) 273- 1656 ENGINEERING 273- 1747
PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273- 1704 or (607) 273-5854
site plan . The contractor has installed the required sediment and erosion control measures and is
maintaining them with frequent inspection and reminders from the Engineering Staff.
I :Areports\ _ I 0.doc
Daniel R . Walker Page 3 9/27/02
EERS REPORT 9/9/02
o �
ENGINEERING MEMORANDUM
TO : SJS
Cc : Cathy Valentino , Mary Russell
DATE : 9/ 18/02
FROM : Dan Walker .
SUBJECT: Town of Ithaca Sewer Infiltration and Inflow Program Status
The Town of Ithaca Engineering Department is actively pursuing an Inflow and Infiltration Reduction program on the Town sewer
system. The program consists of several phases that are in various stages of development in the different service areas of the Town.
EVALUATION AND MONITORING
All sanitary sewer lines are being mapped and classified by material, size, age and condition . Arc View CIS software and Access data
bases are used for this purpose. Main trunk sewers are metered at the municipal boundary with the City of Ithaca or the Village of
Cayuga Heights.
The permanent now meters are parshall flumes with ultrasonic depth measurements, which give the capability of continuous flow
monitoring. Generally flow measurements are recorded at an interval of 15 minutes. The data generated by these flow-monitoring
stations are used to determine the amount of wet weather flow increases. The data is supplemented by data collected with 3 portable
ISCO flow meters, which are being used to evaluate the wet vs dry weather flows in the systems upstream of the permanent metering
stations.
The Town staff has also been doing video inspections of sewer mains on selected lines to determine the actual condition of the main
for the inventory program and for planning maintenance or replacement work.
The Northeast Area of the Town of Ithaca has been the initial study area because of the age of the sewers, and identified wet weather
flow problems .
East Hill , South Hill and West Hill areas are being monitored by the IAWWTF maintained meters and have demonstrated high wet
weather flows also.
MAINTENANCE OPERATIONS
The Town sewer maintenance program includes regular inspections of manholes and annual mowing and inspection of sewer Rights of
Way (easements) that are not located in highway Rights of Way .
The Town budgeted $34,000 for personal services (labor) for 2002 for maintenance of the sewer system, which is approximately
1 ,700 man-hours . Of that labor commitment, approximately 1000 man-hours have been used for manhole maintenance related to
reduction of inflow, including manhole joint sealing and frame and cover resetting.
During 2002 several leaking lateral connections that were identified by monitoring procedures were also repaired reducing infiltration.
REPLACEMENT AND REHABILITATION
The Town of Ithaca has initiated a capital program to replace or rehabilitate sanitary sewer lines that have deteriorated allowing
significant infiltration .
hreports\ERPT02I O.doc
Daniel R . Walker Page 4 9/27/02
n
TOWN ENGINEERS REPORT 9/9/02
3000 feet of the Hanshaw Road sewer main running from the Village of Cayuga Heights line to Warren Road was rehabilitated by
installation of a cured in place liner in 2000. The project included clearing a long neglected sewer easement and repair of all manholes
on the line.
In 2002 a contract to replace 5000 feet of 10" clay tile sewer with 12" PVC pipe is being let. The line to be replaced runs from
Trumansburg Road at Candlewyck apartments north to the Hospital and the Biggs Complex . Replacement of this approximately 80-
year-old clay tile sewer will greatly reduce infiltration on the West Hill . The project is scheduled for completion early in 2003 .
hreports\ER PT02 I O.doc
Daniel R. Walker Page 5 9/27/02
Town of Ithaca Town Board, October 3, 2002
Highway Department Report for September 2002
Public Works Facility
Construction has continued during excellent weather through September . The existing building
demolition is approximately 80 percent complete . Concrete footers have been completed and
approximately 2 / 3' s of the concrete foundation walls have been poured .
Plumbing and electrical contractors are making good progress . Much of the new gas piping has
been installed and some under slab sanitary lines are in place . New electric panels and electric
conduit have also been installed .
An approved substitution to the roofing system resulted in a cost savings of $8,000. This will help
off set additional costs for repairs to the existing trench drain found necessary during demolition .
Weekly project meetings are proving valuable to keep work proceeding smoothly .
Roads
Stone Quarry Road Rebuild: Stone Quarry Road project is moving right along . We have started
shoring up the washed away bank, using rip rap . We had to put concrete in at the end of the box
culvert to divert the water into the culvert.
Winthrop Drive: Winthrop Drive storm water management project has been completed in
September . We had the sidewalk paved and top soiled and seeded the excavated areas . Next year
we will work on the upper side of Winthrop Drive .
Route 366 Project: Russ Simcoe, New York State Department of Transportation, has indicated that
they are receiving numerous complaints from the residents in Forest Home regarding traffic
increases . This is due to the detour that was created so work can be done to realign Judd Falls
Road and put in the new bridge on Route 366 .
There was some touch up work done on Renwick Drive during September that should finish this
project completely . Miscellaneous work around the Public Works Facility continued in
September .
Parks and Trails
Tree and shrub trimming was completed at all sites . Mowing and maintenance of the parks and
trails continued during September, although not as much mowing was needed due to the dry
weather. Watering of new tree and shrub plantings was done on a weekly basis . We also filled
our tree gator watering bags on trees planted last year and at East Shore Park because of the severe
drought stress these trees are under .
Water and Sewer
Plant restoration at the Oakwood Tank site was completed . Plantings at the Hanshaw Road back
lot sewer project were continued in September. Trumansburg Trees will be completing the
planting of 18 evergreen trees in October .
During September the Highway crews worked on several small projects to clean out sewer lines.
We installed a fire hydrant at the Public Works Facility .
Projects for October:
1 . Park and trail grounds maintenance .
2. Water and sewer maintenance .
3 . Monitor and inspect construction at the Public Works Facility .
4 . Continue tree and shrub plantings at Hanshaw Road back lot sewer project .
5 . Maintenance at Town Hall .
6 . Plantings at Forest Home sewer pump station .
7 . Continue work on Stone Quarry Road .
ghk
Planning Director ' s Report for October 3 , 2002 Town Board Meeting
DEVELOPMENT REVIEW
September 3 , 2002 Meeting :
Sign Recommendation , Museum of the Earth , 1259 Trumansburg Road : The
Planning Board issued an affirmative recommendation to the Zoning Board of Appeals
regarding a sign variance . The request is to allow a temporary sign/display banner of
approximately 7 feet by 35 feet in size to be placed on a trailer in the front of the
Paleontological Research Institution property located at 1259 Trumansburg Road, Town
of Ithaca Tax Parcel No . 24 . - 3 -3 . 1 , Residence District R-30 . The purpose of the
temporary sign is to announce the construction of the Museum of the Earth and will be
removed no later than June 2003 . Paleontological Research Institution, Owner; Warren
Allmon, Agent.
Cayuga Medical Center — Education Center and Cafeteria Addition , 101 Dates
Drive : The Planning Board granted Preliminary and Final Site Plan Approval and issued
an affirmative recommendation to the Zoning Board of Appeals regarding Special
Approval for the proposed additions to the Cayuga Medical Center located at 101 Harris
B . Dates Drive , Town of Ithaca Tax Parcel No . 24- 3 -2 . 1 , Residence District R-30 . The
project includes a 925 +/- square foot one story addition to the cafeteria on the south side
of the existing building and a 4 ,200 +/- square foot two-story addition on the north side of
the main building for an education center. Cayuga Medical Center at Ithaca, Owner;
HOLT Architects, PC , Applicant.
Ithaca College Campus Safety/General Services Building — Deletion of Proposed
Walkway, Campus Services Road : The Planning Board denied the request for Site Plan
Modification for the Ithaca College Campus Safety / General Services Building located
on Campus Services Road, Town of Ithaca Tax Parcel No . 41 - 1 - 11 , Residence District R-
15 . The proposed modification included deleting an asphalt walkway located along a
portion of Campus Services Road . The project was originally approved by the Planning
Board on August 21 , 2001 . Ithaca College, Owner; HOLT Architects, P . C . ,
Applicant/Agent . The Planning Board denied the request to delete the walkway on the
basis that construction of the walkway would be an important safety feature for
pedestrians on Campus Services Road, and no viable alternative was put forth by Ithaca
College .
Telecommunications Antennas on Town of Ithaca Water Tank, Christopher Lane :
The Planning Board granted Preliminary and Final Site Plan Approval and issued an
affirmative recommendation to the Zoning Board of Appeals regarding Special Approval
for the proposed telecommunication antennas on a Town of Ithaca-owned water tank on
Christopher Lane, Town of Ithaca Tax Parcel No . 72 - 1 - 10 , Residence District R- 15 . The
proposal includes attaching six cellular antennas to the top of an existing water tank and
constructing a chain link fence inside of which the cellular equipment cabinets will be
located . Town of Ithaca , Owner; Independent Wireless One , Applicant; Timothy A .
Frateschi , Harris Beach , LLP , Agent . Some of the conditions required by the Planning
Board included screening of the equipment cabinet and signing of a lease agreement with
the Town . A number of residents appeared at the Planning Board meeting. Concerns
were raised regarding the use of the water tank site as a staging area for construction
equipment and materials by the Town Highway Department and the resulting visual and
noise problems, as well as the lack of adequate screening of the existing water tank site .
Modification of Screening, Telecommunication Antennas on Silo , 385 West King
Road : The Planning Board granted the requested modification of Condition "2 .c . " of the
Planning Board ' s Resolution of Site Plan Approval for the IWO telecommunication
antennas on a silo , granted on October 2 , 2001 , 385 West King Road , Town of Ithaca Tax
Parcel No . 35 - 3 - 1 , Residence District R- 30 . Said condition required the planting of a
vegetative buffer surrounding the equipment area and fence adjacent to the silo . George
Voss, Owner; Independent Wireless One , Applicant ; Timothy A . Frateschi , Harris Beach,
LLP , Agent . The Planning Board approved the deletion of this screening requirement
because of the difficulty of establishing viable vegetative screening in this area where
cows are present and because of the minimal impact of the equipment cabinet on the
agricultural character of the area .
Sketch Plan , Estey Three-Lot Subdivision , 352 West King Road : The Planning Board
considered a Sketch Plan for the proposed three- lot subdivision located at 344, 346, 352
West King Road , Town of Ithaca Tax Parcel No . ' s 35 -2 -6 . 2 and 35 -2 -6 .4, Residence
District R- 30 . The proposal is to subdivide two existing lots into three new lots , each
containing an existing residence and road frontage . Charles & Mary Lou Estey, Owners ;
Allen Warshawsky, Agent .
September 17 , 2002 Meeting : (Cancelled — Next Meeting October 1 , 2002)
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following are accomplishments or issues that have been dealt with over the past
month.
SEAR Reviews for Zoning Board : Three new SEQR reviews for the Zoning Board were
done since the September report : ( 1 ) area and setback variances to allow the construction
of the proposed Town of Ulysses water pump station on a 8225 +/- square foot lot, 133
Woolf Lane , Residence District R- 15 , Town of Ulysses, Appellant; (2) special approval
and height variance to permit the construction of two additions to the Cayuga Medical
Center, 101 Harris B . Dates Drive , Residence District R- 30 , Cayuga Medical Center at
Ithaca, Appellant ; and (3 ) sign variance to permit the display of a temporary sign with an
area of approximately 245 square feet during construction of the Museum of the Earth,
1259 Trumansburg Road, Residence District R- 30 , Paleontological Research Institution,
Appellant.
2
Codes and Ordinances Committee : The Committee met on September 18 , 2002 . There
was a discussion regarding comments received from the County Planning Department on
the proposed zoning changes (mostly positive comments) . Proposed Zoning Map
changes were discussed and finalized by the Committee . There was a discussion
regarding the legal basis for the proposed shoreline regulations in the proposed Lakefront
Residential zone . There was also a discussion regarding the need for more specific
regulations regarding the location of mining within the Town . Planning staff continues to
prepare the Draft Generic Environmental Impact Statement on the Zoning Revisions, and
anticipates its completion within the next couple of months . The next Committee
meeting is scheduled for Wednesday, October 16 , 2002 .
Transportation Committee : The Committee met on September 26 , 2002 . Discussion
focused on an update on the NESTS Transit Study, how to pursue discussions with the
Sheriff' s office regarding enhanced patrolling in selected areas in the Town, potential
projects to include in the Transportation Improvement Plan (TIP) , and the request of the
Roat Street area residents for a stop sign . The next meeting is scheduled for Thursday,
October 31 , 2002 at 2 : 00 p . m .
Conservation Board : The Board met on September 5 , 2002 . Agenda items included
attendance at the 2002 Conference on the Environment in Corning, NY (several CB
members are planning to attend) , membership and EMC representative (given the
resignation of Clifford Blizard) , reports and updates on Conservation zone proposals
( including Indian Creek/Lake Slopes UNA , land adjacent to the Eldridge Preserve , Coy
Glen , and South Hill ) , and discussion regarding NYSEG ' s right-of-way vegetation
management plan and practices . The next meeting of the Conservation Board is
scheduled for Thursday, October 3 , 2002 .
ITCTC Planning Committee : The Committee met on September 17 , 2002 . There was an
update by the Truck Route Sub-committee , which is following up on recommendations in
the County Freight Study . There were also reports on the NESTS Transit Study and the
TIP (Transportation Improvement Program) process that will begin later this year. The
ITCTC Long Range Plan update process will also begin later this year or early next year,
due to be completed by the end of 2004 .
Agricultural Land Preservation Program : A draft conservation easement has been
prepared by the Attorney for the Town regarding the West Hill property, and is being
reviewed by the Planning Department . Planning staff also conducted a site inspection
and prepared a report regarding characteristics of the site of the proposed agricultural
conservation easement as pre-closing documentation (as required in the Policies and
Procedures Manual) . It is hoped that a closing for the acquisition of the easement can be
scheduled within the next couple of weeks .
Newsletter: The Fall 2002 Newsletter has been printed and was mailed by Challenge
Industries . Copies are also available in Town Hall , and it will be placed on the Town ' s
website .
3
i
Agenda #
TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 2002
MONTH YEAR TO DATE
OF PERMIT YEAR 9 01: PERMITS AMOUNT 7FA7OUN T
SINGLE FAMILY 2002 1 175,000 14 291279000
RESIDENCES 2001 0 0 11 115889144
2002 2 250,000 7 17385,000
TWO FAMILY RESIDENCES 2001 0 0 2 220,000
2002 1 150 12 1317984
RENOVATIONS 2001 0 0 15 2073282
2002 1 40,000 5 825329
CONVERSIONS OF USE 2001 0 0 1 30,000
2002 3 2357647 16 787,784
ADDITIONS TO FOOTPRINT 2001 3 74,500 15 4077257
2002 1 College Circle Community Building 171 109000 35 16,0913890
MULTIPLE RESIDENCES 2001 0 0 3 4447800
2002 0 0 9 1 ,7879800
BUSINESS 2001 2 2,8301000 16 5,331 ,401
2002 0 0 0 0
AGRICULTURAL 2001 0 - 0 0 0
2002 0 0 0 0
I ' USTRIAL 2001 0 0 0 0
1 CU modify parking lot 5009000
1 CU demolish old horse barn 1 ,500
2002 2 501 ,50011 4,8681888
EDUCATIONAL 2001 1 150,000 13 147961 ,230
1 Rebuild front porch 49500
1 Enclose existing rear porch 9,500
1 Deck and screened porch 22,900
MISCELLANE=OUS 2002 3 36,900 28 2,3981845
CONSTRUCTION VOO 2 247200 38 2549879
TOTAL NUMBER OF 14 2,349, 197 137 29,661 ,520
PERMITS ISSUE= D 8 3,078,700 114 23,444,993
TOTAL FEES 14 3,595 137 38 9535
RECEIVED 2001 8 37300 114 22,435
Date Prepared : October 1 , 2002
Dani L. Holford
Building/Zoning Department Secretary
`3
f,�
T
September 2002, Page 2
TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS ;MONTII - 1 �
1 . 1013 Taughannock Boulevard - multiple room building addition.
2. Snyder Hill Road (CU) - water meter room.
3 . 1431 Slaterville Road - outside wood deck.
4. 114 Kay Street - screened porch.
5 . 385 King Road West - cell telephone equipment - final.
6. 110 Buttermilk Falls Road East - renovations to bed and breakfast.
7 . 975 Coddington Road - 28' x 32' detached garage.
8. 623 Elmira Road - repairs and renovations to existing single-family home.
9. 105 Valley View Road - new single-family modular.
10. 229 Stone Quarry Road - residential building addition - temporary.
11 . Danby Road (IC) - renovate portion of 1 st and 3rd floors of Egbert Hall.
12. Danby Road (IC) - renovations to Muller Faculty Center - final.
13 . Palm Road (CU) - new paint and carpenter shop - final.
14. 235 Forest Home Drive - rebuild front porch.
15. 1070 Danby Road (Italian Carry Out) - retail food store/take out - temporary.
TOTAL CERTI FICATES OF OCCUPANCY YEAR TO DATE. 2002 - 142
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 2001 - 150
INQUIRIES/COINIPLAINTS INVESTIGATED THIS MONTH - 8
1 . Various properties - off-premise signs - no violation found.
2. 164 Poole Road - building code - abated.
3 . 235 Forest Home Drive - building code - abated.
4. 4 and 6 Saunders Road - fill - abated.
5 . 940A East Shore Drive - property maintenance - no violation found.
6. 260 Coddington Road - occupancy - pending.
7. 129 Snyder Hill Road - property maintenance - abated.
8. 301 Pine Tree Road - building code - abated.
From August 2002 :
1 . 833 Coddington Road - building code - pending.
2. 1016 East Shore Drive - occupancy - abated.
From December 2000:
1 . 172 Calkins Road - property maintenance - (partially abated) - limited timeframe agreed to for complete abatement.
From Mav 1995 :
1 . 1152 Danby Road - zoning and building code - legal action pending.
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE. 2002 - 29
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE. 2001 - 44
September 2002, Page 2
t OTAL FIELD VISITS THIS MONTH - S7
iform Building Code - 77
cal Law and Zoning Inspections - 8
Fire Safety - t ( 10 apartment buildings - 180 units)
Fire Safety Reinspections - 0
Fire/Emergency Occurrences - 1 (kitchen stove)
Fire Occurrence Reinspections - 0
TOTAL FIELD VISITS YE,-% R TO DATE. 21102 - 732
TOTAL FIELD VISITS YEAR TO DATE. 20111 - 7111
TOTAL SIGN PERMITS THIS NIONTH - 0
TOTAL SIGN PERMITS YEAR TO DATE. '• 0112 - 4
TOTAL SIGN PERMITS YEAR TO DATE. 21111 - S
ZONING BOARD OF APPEALS
1 MEETING, 5 CASES, AGENDA ATTACHED
z
TOWN OF ITHACA ZONING BOARD OF APPEALS
AGENDA
MONDAY, SEPTEMBER 23 , 2002
6 : 30 P . M .
1 ) Consider executive session to receive legal advice.
2) Decision on Alfred Eddy, Mecklenburg Road.
3) Appeal of Town of Ulysses, 133 Woolf Lane.
4) Appeal of Cayuga Medical Center, 101 Harris B. Dates Drive.
5) Appeal of Paleontological Research Institute, 1259 Trumansburg Road.
6) Appeal of Eric Alani, 112 Roat Street.
7) Appeal of Barbara Roof, 301 Roat Street.
Andrew S. Frost
Director of Building and Zoning
273 - 1783
Dated: September 13 , 2002
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
A1ONDAY, SEPTEMBER 23, 2002
6 : 30 P .M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday,
September 23 , 2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY,
COMMENCING AT 6 : 30 P.M. , on the following matters :
APPEAL of Town of Ulysses, Appellant, Doug Austic, Agent requesting a variance from the requirements
Granted of Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance to be permitted to construct a
municipal water pumping station on an 8225 ± square foot lot ( 15 ,000 square feet required) with a 73 . 74 +
foot lot depth ( 150 feet required), located at 133 Woolf Lane, part of Town of Ithaca Tax Parcel No. 23- 1 -
11 . 134, Residence District R- 15 . Said building will have a 15 + foot front yard building setback (25 + feet
required) .
APPEAL of the Cayuga Medical Center at Ithaca, Appellant, Lawrence Hoffman, RA, Agent, requesting
variances from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, as well
Granted as, an approval under Article V, Section 18 , to be permitted to construct a building addition to the Cayuga
Medical Center, with said additions exceeding a building height of 38 feet, located at 101 Harris B . Dates
Drive, Town of Ithaca Tax Parcel No. 23-3 -2. 1 , Residence District R-30.
APPEAL of Paleontological Research Institute, Appellant, requesting a variance from Section 3 . 01 -2 of the
Ited Town of Ithaca Sign Law, to be permitted to display a temporary sign, with an approximate area of 245
square feet during the construction of the Museum of the Earth, located at 1259 Trumansburg Road, Town
tied
of Ithaca Tax Parcel No. 24-3 -3 . 1 , Residence District R-30.
APPEAL of Eric Alani, Appellant, requesting a variance from the requirements of Article IV, Section 14
of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing residential garage with a
Granted side yard building setback of 9 ± feet ( 10 feet required) at 112 Roat Street, Town of Ithaca Tax Parcel No.
71 -3 - 11 , Residence District R- 15 .
APPEAL of Barbara Roof, Appellant, John Shipe, Agent, requesting a variance from the requirement of
Withdrawn Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a detached
carport on a non-conforming parcel with a 5 ± foot west side building setback ( 10 feet required) and a 3 ±
foot front yard setback (25 feet required) at 301 Roat Street, Town of Ithaca Tax Parcel No. 71 -7- 16,
Residence District R- 15 . Said parcel is non-conforming as it has a 24 ± foot front yard setback to existing
house (25 feet currently required).
Said Zoning Board of Appeals will at said time, 6 : 30 p.m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated : September 13 , 2002
Published : September 16 , 2002
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Regular Meeting of the Ithaca Town Board
October 3 , 2002
Human Resources Report for September 2002
Personnel Committee :
The committee reviewed the approved health insurance plan specifics and any
effects it will have on the staff compared to our current coverage . The committee
also discussed and approved of the modifications being present to the Town
Board in October to consider with the 2003 wages . It was explained that the
highway crew requested that Cathy and Judy review the approved wage scale
due to some real problems they saw with it . After reviewing their concerns , it
was agreed that the scale did need some further alterations . The major change
to the scale was decreasing the difference between the " P" classification and the
"O " classification from $ 2 . 65 down to $2 . 25 . In the original plan it was the goal to
increase the value between these two classifications , but after reviewing it the
difference was too aggressive comparative to the 2002 scale . By bringing the
difference down to a better number allows more equalization between all the
classifications . The other change that was highlighted is the decrease in the
difference between the 111 and "J " classifications . The original design of the scale
had a $ 1 . 25 separation between these two , which was suppose to be kept in
place of the $ 1 . 50 that was approved in the scale sent to the Town Board in
August . Cathy and I also explained that the money being saved by the decrease
in the health insurance rates would go toward the modified wage scale and
therefore , not negatively impacting the tentative budget .
The committee also reviewed the latest draft of the Personnel Manual . There
were only a few grammatical changes made at the meeting . The manual was
approved and will be sent out to the staff for review and comments . The manual
will be sent to the Town Board in October for discussion and a review period . All
comments or questions are to be brought to Judy' s attention by October 16th . If
there are no " red flags" the manual will go back to the Town Board at the
November meeting for consideration . During this same time period SCLIWC ' s
staff, Personnel Committee and Commission are reviewing the manual for their
approval also .
Safety Committee : The meeting for September was cancelled .
Training and Development:
5 management employees attended the Supervisory Series session entitled
" Building Teams that Work" with Bob Stezzi . Participants can earn a certificate of
completion from the series if they attend at least 32 .hours of the possible 38
hours of training . Alfred Carvill and Lisa Carrier-Titti were presented certificates
of completion for the " Excelling as a Supervisor" series .
Personnel — Civil Service :
Forms for the early retirement incentive have been received and are out to the
prospective retirees .
Connie has been working with Williamson Law Book on the windows version of a
payroll software program . We were in hopes to be running both programs by
now , but it looks like it will be at least the beginning of the year before we can do
that .
Commercial Insurance :
I have been working through with our insurance agent and adjuster the several
claims that have been filed this summer. The discussion issue this summer has
been when is the claim the Town ' s liability and when it is not . There have been 2
claims that have been filed against the Town even though the problem was not
caused by negligence of the Town or its employees . At the SCLIW Commission
meeting liability was discussed . Prior to this meeting the only claims SCLIWC
assumed responsibility for were claims that occurred at the plant . The
Commissioners agreed that if a claim is the result of an employee' s action then
the Commission should be responsible for the claim and not the municipality the
claim occurred in . However, if the claim is due to a failure to fix part of the
distribution system or negligence on some other part of the municipality than the
liability would be the municipality's .
Workers ' Compensation :
There have been two new claims in September. The first claim was a lower
claim , which , resulted in 8 lost workdays , but the employee was able to return on
full duty . The second claim was an eye injury , which resulted in 2 lost workdays .
These claims will be reviewed for cause and investigation at the October Safety
Committee Meeting .
Submitted By:
Judith C . Drake , PHR
Human Resources Manager
OF 17)/ TOWN OF ITHACA
215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
[ 1812111 www . town , ithaca. ny .us
Network/ Record Specialist
Report for Town Board Meeting
October 3 , 2002
Web site : August & September Web Site Visits
Newly added web site pages : ❑p August
• 2003 Budget Calendar 2500 ® Sept
• Monthly Financials
• Current Projects 2000
• Fall Newsletter rn
• Fall Leaf Pick-up N_ 1500
• Pictures from Jubilee Crest >
presentation o 1000
500
etwork: The Town Hall and Highway 0 ins
epartment surplus technology has been o JX� 05 oC` �
donated, auctioned and recycled. ,Z.o� Go �o�`o tea'° 4
t
PCs and a laptop were donated to Babbage ' s \�`&0
God
Basement; an organization that collects
Web Site Pages
machines in working order and sells them to
the general public with the proceeds going directly to the Science Center. Printers and other equipment that
weren ' t in the best condition were sent to the Lansing Municipal Auction. The remainder were taken to the
County' Computer Recycling Program for proper disposal .
The Highway staff working out of the temporary trailer now has Time Warner Cable ' s Road Runner Internet
access. This upgrade from their Clarity Connect dial-up access was done in preparation for the new local area
network for the Public Works Building. Staff reports a faster, more reliable Internet connection.
Respectfully submitted,
Lisa B . Carrier-Titti
Network/Record Specialist
SPECIAL MEETING OF THE ITHACA TOWN BOARD
THURSDAY , OCTOBER 17, 2002 AT 5 : 00 P. M .
215 NORTH TIOGA STREET, ITHACA, NY
AGENDA
1 . Call to Order.
2 . Pledge of Allegiance .
3 . Consider Ratification of Change in Public Hearing Time
4 , 5 : 15 P . M . — Public Hearing — Proposed Cable Franchise Agreement
5 . Discussion of the 2003 Budget
6 . Discussion of Increased Borrowing for the Public Works Facility
7 , Consider Approval for 2003 Funding and Authorization to Enter into
Agreements with DeWitt Historical Society , Gadabout Transportation ,
Tompkins County Senior Citizens Council , Human Services Coalition ,
and the Joint Youth Commission
8 . Discussion of SPCA Contract
9 . Review of Correspondence
10-3-2002 Thank you letter from M . Luzzi work along Winthrop Dr.
10- 3-2002 Thank you letter from R . Brown re work along Winthrop Dr.
10-3-2002 Letter from Steve Eidt of NYS DEC re Phase 2 stormwater
regulations
10-4-2002 Letter to Mayor Cohen from Michael Newman , SCLIWC
Chair
10 -4-2002 Email from Sandy Wold re Town role in national issues
10- 15 -2002 Fax from NYS Dept of Agriculture and Markets re Burns
Rd water main
10 . 6 : 45 p . m . - Consider Adjournment
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
SPECIAL MEETING OF THE ITHACA TOWN BOARD
THURSDAY, OCTOBER 17, 2002 AT 5 : 00 P . M .
215 NORTH TIOGA STREET, ITHACA, NY
BOARD MEMBERS PRESENT : Supervisor Valentino , Councilwoman Russell ,
Councilwoman Grigorov , Councilman Klein , Councilman Lesser, Councilman Burbank ,
Councilman Niederkorn
TOWN OFFICIALS AND STAFF PRESENT: Tee-Ann Hunter, Town Clerk; John Barney ,
Attorney for the Town ; Dan Walker; Town Engineer; Fred Noteboom , Highway
Superintendent ; Jon Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake ,
Human Resources Manager; Andy Frost , Director of Building and Zoning .
OTHERS PRESENT: Doria Higgins , Hillcrest Drive ; Barbara R . Smith , 821 North Aurora
Street ; Robin Palmer, 206 Oak Hill Road ; Ken Ritter, 249 Coddington Road ; Jim Blizzard ,
34E Miller Road ; Pastor Shirley Reeves , 116 South Plain Street ; Marie Grady , 126 Sears
Street; David Tyler, Village of Cayuga Heights Attorney; Thomas Doheny, Time Warner
CALL TO ORDER : The meeting was called to order at 5 : 00 p . m . and Supervisor Valentino
led the assemblage in the pledge of allegiance .
Agenda Item No. 3 — Consider Ratification of Change in Public Hearing Time
TB RESOLUTION 2002= 167SPMtg — Ratifying the Chancre of the Public Hearing Time on
the Proposed Cable Franchise Agreement
WHEREAS , at the Town Board meeting held on October 3 , 2002 , the Town Board set
a public hearing for 5 : 45 p . m . , October 17 , 2002 , to consider the proposed Cable Franchise
Agreement between the Town of Ithaca and Time Warner Cable ; and
WHEREAS , subsequent to the meeting it was discovered that a conflict existed
requiring the Town Board to vacate the Town Board meeting room no later than 7 : 00 p . m . on
the scheduled hearing date to make room for a previously scheduled public meeting ; and
WHEREAS , the Town Board wanted to provide as much time for comment on the
Time Warner Cable Franchise Agreement as feasible ; and
WHEREAS , the Town Supervisor conducted an informal poll of members of the Town
Board to solicit their consent to moving the public hearing up to 5 : 15 p . m . ; and
WHEREAS , the Supervisor then caused the notice of public hearing to be amended to
show that the public hearing would occur at 5 : 15 p . m . rather than 5 :45 p . m . ; and
WHEREAS , it would seem appropriate to ratify the actions of the Town Supervisor;
1
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
NOW , THEREFORE , be it
RESOLVED , that this Board ratifies and confirms the action of the Town Supervisor in
changing the time of the scheduled public hearing on the Cable franchise Agreement from •
5 : 45 p . m . to 5 : 15 p . m . ; and it is further
RESOLVED , that the Town Board ratify the actions of the Town Supervisor in causing
the public notice for said public hearing to be changed to show that the public hearing would
occur at 5 : 15 p . m .
MOVED : Councilman Lesser
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye . Motion carried unanimously .
Agenda Item No . 8 — Discussion of the SPCA Contract
Supervisor Valentino told the Board we've been talking with Town staff and some of the other
Town Clerks around the County . There have been problems with the SPCA on how they
ticket . They've been delinquent in ticketing and oftentimes issue tickets to individuals who
have already renewed their license . There are also problems contacting various personnel at
the SPCA . We are working with the Town Clerks to have a group meeting with Nathan
Winograd , Director of the SPCA .
Agenda Item No. 7 — Consider Approval for 2003 Funding and Authorization to Enter
into Agreements with DeWitt Historical Society, Gadabout Transportation , Tompkins
County Senior Citizens Council , Human Services Coalition , and the Joint Youth
Commission
Supervisor Valentino pointed out to the Board that when they look at the 2003 appropriations ,
there is actually $63 , 000 . 00 that the Town gets as revenue against these expenditures . The
money comes down from the State and through the County back to the Town . The cost to
the Town is not the whole $99 , 155 . 00 .
Councilman Lesser asked where the initial contract amounts came from and how they were
decided upon ? No one had a definite answer. Supervisor Valentino stated that
representatives from each of the groups funded were being asked to come before the Board
in 2003 to report on their activities and answer any questions from the Board .
TB RESOLUTION NO. 2002-168 SpMtq - Approval for 2003 Funding and Authorization
to Enter Into Agreements with DeWitt Historical Society, Gadabout Transportation,
Tompkins County Senior Citizens Council, and Human Services Coalition.
2
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
RESOLVED , that the Town Supervisor be , and she hereby is , authorized to execute on
behalf of the Town renewal contracts for the year 2003 with DeWitt Historical Society ,
Gadabout Transportation , Tompkins County Senior Citizens Council , Human Services
Coalition , and the Joint Youth Programs all of which contracts are for services provided to or
for the Town of Ithaca , such contracts to be at the amounts listed below, and on the same
terms as in previous years with such changes therein as the Town Supervisor, with the
advice of the Attorney for the Town may approve , her execution of same to be due evidence
of such approval .
DeWitt Historical Society $ 81360 . 00
Gadabout $ 10 ,450 . 00
Human Services Coalition $ 41000 . 00
Tompkins County Senior Citizens Council $ 81400 . 00
Joint Youth Commission Programs :
Summer Playground 0
Coddington Road Community Center $ 99062 . 00
Cooperative Extension $28 , 836 . 00
Learning Web $529841 . 00
Ithaca Invaders $ 11500 . 00
Club Ithaca $ 21036 . 00
At Risk Youth 0
Science Center $ 1 , 380 . 00
West Hill Pilot Youth $ 39500 . 00
MOVED : Councilman Niederkorn
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye . Motion carried unanimously.
Burns Road
Attorney Barney recommended the Board set another public hearing to consider the Burns
Road Watermain Extension . The Board held a public hearing on the project a while back , but
needed to hear from New York State Agriculture and Markets prior to authorizing the project .
The Town has received approval from Agriculture and Markets , but the project's construction
cost has increased from $ 110 , 000 . 00 to $ 128 , 000 . 00 . Another public hearing is needed to
consider the increased project cost .
• RESOLUTION NO. 2002= 169 SPMt_q — ORDER FOR PUBLIC HEARING IN THE MATTER
OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT TO BE KNOWN AS THE
TOWN OF ITHACA 2002 BURNS ROAD WATER SYSTEM IMPROVEMENT PROJECT IN
3
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
THE TOWN OF ITHACA , TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12=
C OF THE TOWN LAW.
At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New
York , held at 215 North Tioga Street , in Ithaca , New York , on the 17th day of October, 2002 , •
at 5 : 00 o 'clock P . M . Prevailing Time .
PRESENT : Supervisor Catherine Valentino
Councilperson Mary Russell
Councilperson David Klein
Councilperson Carolyn Grigorov
Councilperson William Lesser
Councilperson Thomas Niederkorn
Councilperson Will Burbank
ABSENT : None
WHEREAS , a plan , report and map has been duly prepared in such manner and in
such detail as heretofore has been determined by the Town Board of the Town of Ithaca ,
Tompkins County, New York , relating to the creation and construction , pursuant to Article 12 -
C of the Town Law of water system improvements to be known and identified as the Town of
Ithaca 2002 Burns Road Water System Improvement, and hereinafter also referred to as
" improvement" , to provide such water improvement including extensions , to the present Town
water improvement , such water system improvement to be constructed and owned by the
Town of Ithaca , and
WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . ,
the Town Engineer, a competent engineer duly licensed by the State of New York and were
filed in the office of the Town Clerk where they were available for public inspection , and
WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca
2002 Burns Road Water System Improvement consists of the entire area of said Town
excepting therefrom the area contained within the Village of Cayuga Heights , and
WHEREAS , the proposed Town of Ithaca 2002 Burns Road Water System
Improvement consists of the water improvements set forth below, and in the areas of the
Town as set forth below , and as more particularly shown and described in said map , plan and
report presently on file in the Office of the Town Clerk :
Construction and installation of approximately 1800 feet of 8 " ductile iron pipe water
main on Burns Road connected to the existing water main on Coddington Road together with •
related ancillary controls , service laterals , and other structures ; and
WHEREAS , the original maximum proposed to be expended by the Town of Ithaca for
the aforesaid improvement was $ 110 , 000 . 00 and the proposed method of financing to be
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
employed by said Town of Ithaca consists of expenditure of current revenues and surplus
funds from the Town of Ithaca Water System Benefitted Area ; and
WHEREAS , a public hearing was held on the plan and report as so submitted on
August 12 , 2002 ; and
WHEREAS , since the holding of such public hearing the Town has received bids on
other projects which bids suggest that the original estimate for the proposed project needed
to be adjusted ; and
WHEREAS , the Town Engineer has prepared and filed a revised report for the Project
which anticipates a maximum cost for the Project of $ 145 , 000 ; and
WHEREAS , it is now desired to call a public hearing for the purpose of considering
said plan , revised report and map and the providing of said Town of Ithaca 2002 Burns Road
Water System Improvement , and to hear all persons interested in the subject thereof, all in
accordance with the provisions of Section 209-q of the Town Law ;
NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of
Ithaca , Tompkins County , New York, as follows :
Section 1 . A public hearing will be held at 215 North Tioga Street , in said Town , on
the 7th day of November, 2002 , at 8 : 05 o'clock P . M . , to consider the aforesaid plan , revised
report and map and the question of providing of said Town of Ithaca 2002 Burns Road Water
System Improvement and to hear all persons interested in the subject thereof and concerning
the same and to take such action thereon as is required by law .
Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County, New York , is
hereby authorized and directed to cause a copy of this order to be published once in The
Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the
Clerk, not less than ten nor more than twenty days before the day designated for the hearing
as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law.
Section 3 . This order shall take effect immediately.
The question of the adoption of the foregoing order was upon motion of Supervisor
Valentino , seconded by Councilman Lesser, duly put to a vote on a roll call , which resulted as
follows :
Supervisor Valentino Voting Aye
• Councilperson Russell Voting Ave
Councilperson Klein Voting Aye
Councilperson Grigorov Voting Aye
Councilperson Lesser Voting Aye
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Councilperson Neiderkorn Voting Ave
Councilperson Burbank Voting Aye
The order was thereupon declared duly adopted . •
Agenda Item No. 4 — Public Hearing — Cable Franchise
Supervisor Valentino opened the public hearing at 5 : 15 p . m . and invited those present to
address the Board .
Doria Higgins, Town of Ithaca
Comments as follows
Before I get to what I wanted to say about the public meeting, I would like to say that I only
heard about this at 3 o 'clock or maybe it was 2:30 this after noon . Some of the people here
are people I have called. One person knew about it because he had been at the last Town
Meeting, therefore, I don 't know the specifics, the details about the agreement, but I would
like to say a few words in general. Aren 't you supposed to put legal notices in the paper?
Ms . Hunter stated that there had been a legal notice published in the paper. Ms . Hunter had
copies of the proposed agreement for public review .
I certainly urge you to vote in favor of having the Town meetings cable-cast as are the County
Board meetings and the City meetings. I think it is very informative for the community to be
able to see what's going on. And thank you for giving at least 1 %, which is sort of a
pittance . . .
Supervisor Valentino — It's %2 % .
Ms. Higgins — I wish you could give more. I think very few people realize how really important
the service that Peg-A -Sys performs for the community. 1 think it's a wonderful place. I 've
been involved in it, not recently, but a year or two ago. It's a real asset for the community. It
was wonderful for high school kids. They would come and learn how. They would put on
their own programs. And it 's being destroyed by Time Warner and I guess by the City
reaching some kind of agreement where they are not going to have enough money. They're
going to have to cut staff, I understand, and they're going to have to cut hours and that is
unfortunate. I also chastise the Journal for no longer printing a program telling kpeople what
was on. 1 think what Time Warner is probably going to do is give their CEOs another million
dollars in salary and something like that is probably happening. Anyway, as much as you
can, please support Peg-A -Sys, give more if you can . I know you other responsibilities, but
this is a much more important asset for the community than a lot of you realize. It's the way •
we get Democracy Now, we get all sorts of information you would not get otherwise.
Thank you.
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Doolie Kiefer, Tompkins County Board of Representatives
Comments follow
/ haven 't read it yet. / came just because / thought it might or might not deal with the guestion
of cable-casting of your meetings.
Supervisor Valentino — No, it doesn 't
Ms. Kiefer — Does it deal with public access ?
Supervisor Valentino — Public access is in here, yes.
Ms. Kiefer — I came to speak about the value of public access. As a member of the League
of Women Voters we believe in informed citizen participation in government and one way that
citizens can participate is to have their own shows and share different points of view. From a
County Board Member perspective, it never ceases to amaze me the people who actually
watch our meetings being broadcast. And so let me just mention that as a sidebar here. I
went to get furnace service and the person who was setting up the appointment asked me if
my name was "Kiefer". She knew the sound of my voice from the cable-cast meetings of our
Board, someone I don 't know. If and when you decide to consider that, I urge you to do it. I
think it's a really good thing, public access is terribly important.
Virginia Cobb
Comments follow
Ms. Cobb - Who has provided the funding up to now?
Supervisor Valentino — The City.
Tom Doheny — City subscribers.
And they can 't anymore ? Is it part of the downing of the government?
Supervisor Valentino — I can 't answer that for the City. That's the City's franchise, we have
no direct knowledge of they're negotiating there.
Ms. Cobb — Has anyone else offered funding to continue this ?
Supervisor Valentino — The Town of Ithaca and possibly Cayuga Heights. The rest of the
municipalities have opted out, as far as I know.
Ms. Cobb — None of the colleges ?
Supervisor Valentino — I really can 't address that, Ma 'am, we can only address our own
franchise agreement.
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Ms. Cobb — I think there are many people who listen to that. We don 't have any idea of. . . and
whether they would have come in if they'd known it. I don 't know what could have been done
anyway about it, but I thinks it's too bad that the City looses this way of conveying . . .
Supervisor Valentino — I don 't think that's going to happen. •
Ms. Cobb — It's not? It's still going to continue ?
Supervisor Valentino — Yes, it's still going to be there. There 's no indication . I can 't speak for
the City, but from what I know of the negotiations and the part of our commitment to help fund
Peg-A -Sys is that yes it's not a question that's it to cease. You will have it.
Ms. Cobb — That's good to know.
Supervisor Valentino — I think we pretty much agree with you on that.
Barbara Smith , 821 North Aurora Street
Comments follow
/ just wondered how much 1 % from the Town, I 'm not in the Town so I don 't even know if I
belong here, but I 'm a supporter of public access, but I don 't know how much money this Y2 %
is going to contribute and I wondered if anyone had that number?
Supervisor Valentino — About $ 13, 000. 000 didn 't we say, Tom ?
Councilman Lesser asked if someone could explain to the audience the funding for Peg-A-
Sys .
Supervisor Valentino — The Town of Ithaca has agreed to help the funding of Peg-A -Sys for
the first time ever at a rate ofY2 %, which is going to this year equate to around $ 13, 000. 00.
Over and above that we will be funding for equipment at $. 15 on each subscriber's bill to help
set up money we can maintain the equipment and get new equipment to make sure that the
public access functions. Now these numbers have been arrived at through some
negotiations with the City that we 've bought into and maybe Tom Doheny can speak to that a
little more, feeling that those numbers are adequate for keepings Peg-A -Sys up and running
adequately. This is the first time ever that the Town of Ithaca has made a commitment, but
we agree with what I 've been hearing from some folks that it's a very important part of our
community and we want to chip in to help make sure that it continues. That's where we are
with that.
Councilman Klein — That's $. 15 a month on a subscriber bill ? That's like what, $9, 000. 00 a •
year or something like that?
Tom Ooheny — That's probably pretty close (inaudible)
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Supervisor Valentino — The Y2 % is an increase in our franchise tax. We 're going to increase
our franchise tax from 2% to 3 %, and % of that percent will go to fund Peg-A -Sys.
Robin Palmer, Cayuga Heights
Comments follow
I live in Cayuga Heights, I 'm answering a call from my friend Doria Higgins who said that
public access was in danger and it needed voices from the public to see that the danger did
not befall Peg-A -Sys. I 'd like to take this opportunity to congratulate the Town Board on the
way you handled the Iraq situation as compared to the way the City handled it and the way
the Tompkins County Board handled it. Now that's not totally nongermain to Peg-A -Sys
because I would not have known for instance how the City behaved in regard to the Iraq
situation and their nine to nothing vote had it not been for public access. I didn 't even know
that they were going to take a vote on Iraq. . .
Supervisor Valentino — I just as soon you keep to the Peg-A -Sys.
Mr. Parker. — I 'm just giving it a boost and saying that it's extremely important for a number of
reasons and I certainly hope it continues.
Ritva ( indecipherable last name), 120 Sears Street
I make videos. I live in Ithaca . I make videos and I have been making them since 1995. 1
enjoy it enormously, personally. I live in the City of Ithaca but many in my crew are from all
over. My question is, I haven 't had a chance to read the document, is what about Peg-A -Sys
has had these training courses, people are trained to be producers and use the studio
equipment and cameras. Some of them live in Hector, for instance. I heard a rumor that they
won 't be allowed to make programs. Is that true ?
Supervisor Valentino — I don 't think that's true. Again, that's outside of the jurisdiction of the
Town of Ithaca so I can 't really address that.
Ritva — / just hope that Peg-A -Sys continues.
Ken Ritter, 249 Coddington Road
I 'm not clear about the certain pass-along fees and whether that's included in this, and what
that means. Can somebody enlighten me ? I heard there was a maximum of 5%.
Attorney Barney — The maximum that can be charged on a franchise fee is 5% by any
municipality.
• Mr. Ritter — So the Town is not instituting any pass-along fees to the residents.
Attorney Barney — No. 3 %. The Town is charging 3 % .
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Mr. Ritter - That will appear on people 's bills as a 3 % charge ?
Attorney Barney - Correct.
Mr. Ritter - I would like to say, if you could consider for more funding that wouldn 't cost the
Town anything to increase the pass-along fee to a maximum of 5%. Also I did mention
something that since they don 't have listings in the newspaper it seems to me that there
should be something in this agreement, which compels them to do that. The Ithaca Journal
does not carry the listings. This is a business decision that has been explained to me by the
Journal. However, if the Journal didn 't carry ABC I think that would be upsetting to Time
Warner. So I don 't know how you can craft it, but if you can it just seems to me that when a
person looks at what's on television tonight, they open up the paper and they look down, and
they don 't see Peg-A -Sys so there 's a blank spot. It just seems to me that either an ad could
be requested in this agreement or some form of negotiations with the Journal or the Times or
the Cornell Sun. Somehow to get their listings other than just the television station is
important. I also think it would be nice if you had your own meetings broadcast to the public.
John Finnegan , Cayuga Heights
I 've been bringing tapes to Peg-A -Sys probably for the last 5 years. My religious teaching is
(inaudible) we bring those tapes in, they play them once a week. Over those 5 years or so
I 've found them to be very competent and very responsible. / just came down here really to
just give my support to them because of the experience I 've had dealing with them. Thank
you.
Jim Blizzard , Town of Danby
I'm in the Town of Danby. I do government access television work for the County and I'm
also a public access producer and have been for a dozen years or so. I 'm wondering, I heard
some of the franchising bodies have split apart, no longer working as an intermunicipal cable
commission and I wondered if your intention is to continue to carry the Peg-A -Sys channels
to all parts of the County or only to people in the municipalities that are helping pay for the
system.
Supervisor Valentino - That's not a decision that is part of our franchise nor do we have
authority.
Mr. Blizzard - You couldn 't mandate that ?
Supervisor Valentino - No.
Mr. Blizzard - I wondered also about a hardwired connection . If specifically TCCC wanted to •
become a cable originator, a place where somebody could go live on TV, and the cable
would have to pass through the Town of Ithaca . I 'm wondering if there is any reason why if
you don 't have an intermunicipal agreement that includes Dryden, would this preclude them
somehow being connected.
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Approved November 7 , 2002
Attorney Barney — Not entirely. The arrangements would be between TCCC and Time
Warner and to the extent that this franchise give Time Warner the ability to run cable line
through our roads to the extent that they need to do it so . . .
Jim Blizzard — Including institutional network type of. . . ? Do you see anything that would
prohibit that?
Mr. Doheny — No.
Mr. Blizzard — Since Tompkins County doesn 't have a franchise agreement, you maybe don 't
know anything about this either, I wondered how their standing was being effected by these
new franchise agreements. My concern is that the County meetings still be cable-cast.
Supervisor Valentino — That's not our issue. It's not anything we can deal with.
Tom Doheny — Jim, technically the County is a producer just like Doria 's a producer and they
have the right to submit programming to Peg-A -Sys for a TV show just like anybody.
Barbara Smith , North Aurora Street
I just wanted to show the list of producers so that you might consider in the future funding
more because this is the number of people who may be wanted to use it and may not be
using it because the facilities are inadequate. I could go on, but that's it.
Doria Higgins, Hillcrest Drive
One of the things 1 heard from someone I spoke to in trying to do some last minute research
=may not be fair, but I 'd like to bring it to your attention. I was told that because you had
reached, the Town had reached, an agreement with Time Warner instead of negotiating with
the City and doing a mutual agreement that you weakened the power of those who are
negotiating with Time Warner. Now you have made an agreement, but if you 'd sort of stood
by, this is what 1 heard now, I just present it to you. In the past Time Warner has capitulated
in a way, because the City has just stood so firm and it's not doing it now because Alan
Cohen is not in favor of so much. But it is a kind of, it's a negotiating process and I think this
year everyone 's, the City and the Town, have put themselves at a disadvantage by not
negotiating together. It may not have been your fault, may have been Alan Cohen 's fault.
Supervisor Valentino — We 've never negotiated together in the past. That's never happened.
We did all make a good faith effort, most of the municipalities in the County, I think there were
two that didn 't joint in a consortium, where we tried to work together and negotiate together. I
• just don 't want to go into the details, but there were various reasons why that didn 't come
together. I don 't think it's any one municipalities fault, I don 't think it's the City's fault, I don 't
think it's the County's fault, or the Town 's fault. 1 think it was just one of those things where
the time for negotiations ran out. We thought we had an agreement two or three and it just
didn 't work out that way. But I have done a lot of negotiating in my time. I don 't think that it
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
really weakened anyone 's particular ability because I think we did support each other through
it. I think that's not correct information from my perspective.
Ms. Higgins — The fact is though that, again just from what I 've heard on the telephone, Time
Warner is restricting many services and benefits that the City and the community had before •
which we will not longer have. And if that is so I think it is regrettable. Staff is being cut, the
hours on the cable will be cut, and that's too bad. Thank you.
There was no one else to address the Board and Supervisor Valentino closed the public
hearing at 5 :40 p . m .
Councilman Burbank asked Mr. Doheny to verify that people who live outside the
participating municipalities will be allowed to use the facilities by paying a fee . Mr. Doheny
stated that the concept was being discussed , but nothing has yet been signed . He further
stated that once the participating municipalities have signed agreements , a committee will be
formed and that committee will determine the rules and procedures . Mr. Doheny assured
those present that he did not expect there would be diminishing services . He stated that
"quite honestly" the requirements that were required by the City franchise over the last 10- 12
years provided what we would think was an excessive amount of service for the use .
Councilman Burbank pointed to audience comments regarding cable-casting the Town 's
meetings . He asked if this could , at some time , be added to the agreement . Supervisor
Valentino stated it was something that did not have to be part of the franchise agreement .
Councilman Lesser questioned , on page 4 under B , the phrase "any service other than cable
service" . He asked what might fall in that category . Mr. Doheny stated Roadrunner is one of
them , what they call high speed on - line . Mr. Doheny stated that Roadrunner has been
classified by the FCC as an information service outside of the parameters requiring a
franchise . In the past Roadrunner was considered a cable service . The federal government
changed that in March of 2002 to be classified as an information service . That resulted in
Time Warner ceasing to charge subscribers franchise fees on that service . Something
similar might happened , for example , some sort of telephony and Time Warner might do
cable telephony and the FCC will determine if a separate franchise is needed , or it' s included ,
or it ' s a different type of service .
Councilman Lesser questioned , on page 10 , reference to tree trimming . He stated he read
that paragraph to mean that , in Time Warner's sole discretion they could cut / trim trees ; he
found that a pretty broad grant of rights . Mr. Doheny responded stating the only reason Time
Warner would need that passage was in an emergency . If tree limbs are hanging on their
lines , NYSEG does not cut them , Time Warner has to cut them . Councilman Lesser stated
that was fine , but that is not what it says , to which Mr. Doheny replied "but that' s what it' s for" .
Attorney Barney stated it does not give Time Warner the right to go on private property . The •
Town only has the right to give them the ability to cut trees on the Town ' s rights-of-way . If
they come through with a massive cutting episode and there' s no lines there , Mr. Barney
stated the Town would have grounds to suggest that what they were doing was
unreasonable . Councilman Lesser stated he was just suggesting there might be broader
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
middle ground . Supervisor Valentino stated the language in the agreement also has to pass
the Public Service Commission and they have been working with the Town on most of the
language . Councilman Lesser asked if it was reasonable , at minimum , to put in that except in
emergency situations Time Warner shall contact the affected property owners or tree owners.
Mr. Doheny asked that Councilman Lesser look at Times Warner' s record of 50 years of
service stating they don 't cut trees , the only time they do it is when they absolutely have to .
Councilman Lesser asked why then they would object to putting those words in the
agreement ?
Councilman Lesser questioned , on page 12 , it refers to rate changes and says " needs to be
approved by the municipality to the extent consistent with applicable State and Federal law" .
Councilman Lesser asked if there were any State and Federal laws that give the Town any
authority . Mr. Doheny stated the municipality has the right to regulate basic cable rates on a
local level or to allow the FCC to handle it , and in the State of New York the New York Public
Service Commission has offered to do it for you also . Mr. Doheny believed the Town was
allowed to take that election any time they like . Mr. Doheny believes what the Town did when
this election became available was pass or did not comment , which meant the FCC regulates
the rates .
Councilman Niederkorn questioned , section 18 page 15 , where it says "Time Warner shall
pay the municipality an amount equal to 3% of gross revenues"? He asked if there was any
clue as to what that might meant in terms of actual money. Mr. Doheny stated he thought
around $50 , 000 . 00 / $52 , 000 . 00 . Attorney Barney stated 6 times $ 13 , 000 . 00 .
Councilman Klein questioned , on page 16 paragraph D , the phrase "in the event Time
Warner Cable fails to pay any franchise fee on or before its due date there shall be added to
the franchise fee a late payment charge equal to 1 1/2%" . Councilman Klein asked if that was
just a flat 1 'h% or is it 1 'h% every 30-days? Attorney Barney stated it was a 1 '/2% one time
late charge . Councilman Klein then asked what late charge Time Warner applies to its
subscribers . Mr. Doheny stated their late charge was $5 . 00 adding a customer was not late
until they hadn 't paid for 2 months . Time Warner bills in advance so they do not charge a late
fee on the first 30 days . Subscribers get a second bill at 45 days that includes a late charge .
Councilman Klein commented on the discrepancy between the 1 'h% late fee charged Time
Warner and the 10% late fee Time Warner charges its customers . Supervisor Valentino
stated that the Town was not getting anything before , the 1 'h% was negotiated in .
Councilman Klein questioned Time Warner' s ability to set the late fee charged subscribers ,
stating they could charge double . Mr. Doheny stated Time Warner was governed by the
Public Service Commission and they periodically review late fees charged by companies and
determine whether they are fair and reasonable . There are a number of administrative costs
that get tied into bills being late and that's all added into the justification that the State can
ask Time Warner to produce . Councilman Klein asked if the Public Service Commission had
• approved their late fees . Mr. Doheny stated they know what their late fee is , but have never
asked Time Warner to justify it . Their own cost estimates set $6 . 00 as the cost to Time
Warner. Attorney Barney stated the Town also gets 9% per annum , that' s another 3/a% per
month , if they fail to pay on a timely basis then it accrues interest at the statutory rate . Mr.
Barney stated he had a problem with the way it is articulated in the agreement because there
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
was a sentence taken out that left it kind of hanging , but the intention is for the 9% to be there
at all times .
Councilman Burbank questioned , on page 3 , the agreement talks about gross revenues .
Councilman Burbank stated he understood the rationale for excluding things like Roadrunner •
but it was not clear to him why they would exclude things such as ad revenue or pay per
view . He wondered if it was ever a subject of negotiation . Attorney Barney stated Time
Warner was willing to let the Town take a franchise fee on the ad revenues and on other
revenues . The problem with ad revenue is , where is it generated ? Is it basically an
advertiser that comes from the Town of Ithaca that pays that and an advertiser somewhere
else doesn 't pay it . It seemed to put our advertisers at a slightly different competitive
arrangement . Probably the more important reason , we built it in here for the first time , is an
audit right . It basically says that we can go and look at their records and determine whether
they've paid or not . If they haven 't paid within a level of 5% we can chase after them for it .
The problem with having the ad revenues is that they are very difficult to audit . The number
of subscribers paying the regular recurring monthly charges is a very easy audit . It was to try
and simplify what the gross revenues were . Councilman Burbank asked about pay per view.
Mr. Doheny was under the impression that pay per view was included in the gross revenues.
Councilman Burbank questioned , on page 4 , the phrase "upon request by Time Warner
Cable and at Time Warner's sole expense the municipality hereby agrees to assist Time
Warner Cable in gaining access to and using such easements" . Mr. Burbank asked what that
meant in practical terms . Attorney Barney stated , for example , if a developer conveys a road
to the Town it typically will carry an easement to one of the power companies . What this is
saying is , if the Town has an easement in our road for an existing company and Time Warner
would like to run another line in the same place , we will assist them to the extent we are able
to as long as they reimburse us for any costs . Councilman Burbank stated his concern
relates to the definition of "street" , which is a very broad definition and includes park space ,
trails , virtually anything . Mr. Burbank asked if we were opening up a window giving Time
Warner the right to put their cable anywhere on Town property? Attorney Barney stated that
he would need to go back and look ; it was a good point . Mr. Barney did not read it that way
and there are certain limitations outside of the franchise in what we can do , for example , on
park- lands . Mr. Barney stated the definition was drawn fairly broadly, although they had
tailored it down a little bit because of the concerns of the Dryden lawsuit and what rights the
Town has in the rights-of-way to give to somebody else . Mr. Burbank stated he was
concerned about the broadness of the definition .
Councilman Burbank questioned , on page 9 section 9 , the phrase "the expenses of such
temporary removal , raising , or lowering of wires around the property shall be paid in advance
to Time Warner Cable by the person requesting the same" . Councilman Burbank stated that
there was no definition as to what the costs were . It would be reasonable to presume that
they would pay the actual costs of that , but there have been cases where utilities have been •
rather extreme in their charges . Mr. Burbank asked if there was some way to build in some
protection so these will be reasonable charges . Attorney Barney stated it might not be a bad
idea and asked Mr. Doheny is there would be any objection to including the word
" reasonable" . Mr. Doheny stated he did not have an objection .
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Councilman Burbank reinforced Councilman Lesser' s concern regarding the tree trimming .
Councilman Burbank asked the meaning , on page 19 section 23 , of "further assurances" .
Attorney Barney stated basically it is saying if the Town has forgotten to put something in the
agreement that we really intended and if it requires a written document to do it , we will do it .
A common example , if you ever go to get a mortgage these day , you get a compliance
agreement which says that even though the bank has supplied you with a stack of documents
and you have signed them , if there is a mistake somewhere you agree to come back and
correct the mistake . What the Town is saying is that the concept is to give a franchise and to
be paid for that privilege . If there is something that needs to be done to implement that
agreement which this document doesn 't do , both Time Warner and the Town agree to do
whatever is reasonably necessary.
Supervisor Valentino reviewed the requested modifications :
Page 9 — add the word "reasonable" . Mr. Doheny did not anticipate a problem
adding that .
- Page 10 — Attorney Barney suggested changing "to the extent that it ( meaning
Time Warner) reasonably deems necessary" to "to the extent that it is reasonably
necessary" which basically moves the standard to an independent arbiter if it ever
came to an issue . Mr. Barney asked for some advance notice to both the
municipality and the property owner except in the case of an emergency. Mr.
Doheny felt this posed problems .
Councilman Klein asked Mr. Doheny to respond to the resident's email asking for UPN . Mr.
Doheny stated that Time Warner doesn 't have access to a UPN over the air. The only way to
get one is through satellite delivery from a "distant market" . Distant stations are subject to
copyright rules , which are a fund to help the independent networks around the county stay
alive because when you take a distant network into another network you are stealing
advertsining money from the people who live there . That's the government's rationale behind
this fund . It's very expensive and Time Warner made a decision not to incur that expense . In
our community , to pull in a distant UPN , would have cost between $ 1 . 25 and $ 1 . 50 per
subscriber. Part of the decision was based on the fact there is a low power UPN network in
both Binghamton and Syracuse and if they either increase their power a little bit or we find a
way to deliver the signal through hardline Time Warner would be forced to carry them . The
reason why Time Warner made the decision they made was partly because of the cost and
also because they knew that the Syracuse network was working on getting delivery of their
signal to our market through microwave technology and once they did Time Warner would
have to carry them under "must carry rules" . Time Warner decided to just wait and see how
things play out .
Councilman Burbank brought up the issue of the definition of streets . Mr. Barney stated there
had been a prior consent requirement , which appears to have come out . Mr. Barney thought
they had agreed it was going to stay in . Attorney Barney stated the agreement , as worded ,
gives Time Warner the right to "construct , repair, replace , maintain blah , blah , blah all that
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Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
broad language that your lawyer came up with in , on , over, under, upon , and across any and
all said Streets" . Streets is capitalized so it is , therefore , streets as defined earlier in the
agreement . Attorney Barney felt we should think about that a bit and narrow it down to be
what we really do understand it to be , which is roadways . •
Supervisor Valentino stated that there will be an executive session to receive legal advice
regarding the cable franchise .
Agenda Item No. 5 — Discussion of the 2003 Budget (Attachment # 1 — Analysis of
Capital Proiect Funding, Summary of Changes, Comparison of Annual Principal and
Interest Payments)
Supervisor Valentino reported that she had gone over the Board ' s October 3`d questions
regarding the budget with Mr. Carvill and Councilwoman Russell . Supervisor Valentino
distributed copies of her recommendations and reviewed them with the Board .
Supervisor Valentino stated that some of the concerns Board members raised about the fund
balances were legitimate . She felt it made sense for the Board to go back and change the
borrowing for the Public Works Facility to $ 1 , 4000 , 000 . 00 instead of the original $800 , 000 . 00 .
A bond would be issued and held locally at a very favorable interest rate and the borrowing
will give us flexibility in next year' s budget . It will gives us a margin of comfort and ensure
that we can cover the costs of the Public Works Facility . If things work out well next year , it
means we can put that money back on the principal and reduce the debt .
Supervisor Valentino reviewed with the Board the "Analysis of Transactions Since January 1 ,
2002 Impacting Fund Balance" worksheets . She stated that she was comfortable with a
small fund balance in the Part Town Fund because it is a fund with very little pressure on it
and we can always transfer money to it from the General Fund . Tthe Highway budget was
one that she is more concerned about . The last page in the worksheets shows the fund
balance at 30% and 20% of appropriations . Supervisor Valentino stated she had spoken to
staff regarding money that will not be spent and will be returned to fund balance at the end of
the year. They anticipate at least $ 141 , 000 . 00 returned to fund balance .
Having gone through the analysis she , Councilman Russell , and Mr. Carvill are feeling
comfortable that the fund balances are "pretty close" . She would like to see the Highway
come up some . Supervisor Valentino stated they felt the Town of Ithaca is still in very strong
financial shape . We have adequate fund balances to take care of emergencies . We should
be able to pay the borrowing back without any real problem , and with the borrowing the Town
will be able to maintain the same tax rate .
Councilman Klein corrected the date on the sheets detailing impacts on fund balances . The •
last dates on pages 2 , 3 , and 4 should be changed from 01 /01 /2002 to 01 /01 /2003 .
Councilman Lesser asked what exactly the "floor" represents . Supervisor Valentino stated it
represents 20% . Basically we' re saying that we want to try to maintain a floor of 20% of fund
balances as a combination of the three funds : Townwide , Part Town , and Highway. These
16
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
are the only three funds that are affected by sales tax and , in some ways , property tax
because you use the property tax for the General Fund , which means you have more sales
tax money for your other funds . Because we have the ability to move money from the
General Fund to the other two funds it really makes more sense to keep as much as possible
in the General Fund because it gives you flexibility to put it where you need it .
Councilman Lesser asked whether, if the Town goes to the higher borrowing level , our total
repayment commitment is $ 110 , 000 . 00 per year? Just to clarify, he asked for assurance that
the Town would have no problem coming up with the cash . Supervisor stated that the Town
would have the cash . In response to questions from Councilman Klein , Supervisor Valentino
indicated that if we sold the old town hall the $300 , 000 . 00 could be used to reduce the
principal , there would not be a pre- payment penalty. Supervisor Valentino stated that what is
in front of the Board is a worst-case scenario saying that greater sales tax revenues and
mortgage tax revenues are likely .
Supervisor Valentino asked if the Board felt comfortable in authorizing the additional
borrowing . Attorney Barney pointed out that the proposed resolution authorized
$ 1 , 600 , 000 . 00 in borrowing . He stated he did not think there was any intention of borrowing
more than $ 1 , 400 , 000 . 00 . The reason for the additional $200 , 000 . 00 is to avoid the Board 's
having to come back and authorize more . The $200 , 000 . 00 would be a little cushion . In
response to questions from Councilman Klein , Attorney Barney stated the reason for the
cushion was protection from any problem with one of the other funds from which we were
planning to borrow money . If construction costs change it would have to come back before
the Board . Mr. Carvill stated that the monies from other funds had already been provided ,
$225 , 000 , 00 from the Sewer Fund and $220 , 000 . 00 from the Water Fund . The Board saw no
need to go over the $ 1 , 400 , 000 . 00 .
RESOLUTION NO. 2002= 170 SpMtq = AUTHORIZING AN INCREASE IN THE AMOUNT OF
BONDS TO BE ISSUED IN CONNECTION WITH THE PUBLIC WORKS FACILITY TO
$ 1 , 400, 000 AND REAFFIRMING THE AUTHORIZATION TO ISSUE BOND ANTICIPATION
NOTES
WHEREAS , the Town Board of the Town of Ithaca on April 8 , 2002 , authorized ,
subject to a permissive referendum , the expenditure of up to $ 1 , 800 , 000 for the renovation
and expansion of the Town Public Works facility at 106 Seven Mile Drive , Ithaca , New York ;
and
WHEREAS , no referendum was requested , and accordingly the Town authorized the
architect and the Director of Engineering to solicit bids for the project ; and
WHEREAS , the Town Board received bids for the work , and the costs of the bids ,
® together with other amounts related to the work , exceeded $ 1 , 800 , 000 , even after a
deduction was made by deleting the proposed wash bay; and
17
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
WHEREAS , as a result on July 29 , 2002 , the Town Board authorized an increase in
the maximum cost of the project to $2 , 026 , 832 and authorized the expenditure of such
amount subject to a permissive referendum ; and
WHEREAS , no referendum on such increase was requested ; and •
WHEREAS , at the time of such increase , certain revenues from the sale of the old
Town Hall and other sources were anticipated to be received in time to fund part of the cost
of the project ; and
WHEREAS , it now appears that such revenues will not be received in a timely manner
and it is therefore necessary to increase the amount of borrowing for the construction of the
project from the $800 , 000 previously authorized to $ 1 , 400 , 000 ; and
WHEREAS , the renovation , remodeling and expansion of the building has been
determined to be a "Type I Action " pursuant to the laws and regulations of the Town of Ithaca
adopted pursuant to the State Environmental Quality Review Act and the regulations of the
New York State Department of Environmental Conservation promulgated thereunder (6
NYCRR 617 et seq. hereinafter collectively "SEQR") , the implementation of which as
proposed , the Town Board has determined , will not result in any significant environmental
effects ; and
WHEREAS , the increase in the financing being authorized by this resolution is not an
"action" as defined by 6 NYCRR 617 . 2 ( b) and thus no further determinations under SEQR
are required ;
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of Ithaca as
follows :
Section 1 . The Town of Ithaca hereby amends in the manner set forth below the
prior resolutions adopted in connection with the previously authorized renovation of the
Town Public Works Facility at 106 Seven Mile Drive , Ithaca , New York; the previously
authorized expansion of such facility by the construction of approximately 16 , 000
additional square feet to include new offices , breakroom , conference room ,
maintenance bay , wash bay , and storage space ; the previously authorized equipping
of such additional spaces ; and the previously authorized related site work ; all of said
actions (collectively the " Project") having being authorized pursuant to Section 220 of
the Town Law .
Section 2 . $2 , 026 , 832 . 00 is estimated as the maximum cost for Project .
Section 3 , The Town of Ithaca , subject to the approval of the voters of the •
Town of Ithaca if a referendum is requested , hereby amends the plan for the financing
of the Project so that the plan consists of
18
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
(a) As previously authorized , the expenditure of all of the funds in the
" Capital Reserve Fund Town Highway Garage and Administration Building"
established by Town Board Resolution Number 169 adopted November 9 , 2000
with a balance of approximately $ 182 , 000 as of the date of this resolution ,
towards the costs of the Project ; and
(b) Issuance of General Obligation Serial Bonds of the Town pursuant
to the Local Finance Law in an increased principal sum of not more than
$ 1 , 400 , 000 for a portion of the remaining costs of the Project ; and
(c) Payment from budgeted revenues and from surplus funds of the
Town of the balance of the remaining costs of such renovation , expansion ,
construction and equipping costs .
Section 4 . The Town Board reaffirms the findings , determinations ,
commitments , obligations , authorizations , and delegations set forth in the prior
resolutions dated April 8 , 2002 , and July 29 , 2002 , related to the Project originally
authorizing _the expenditure of funds for such renovation , expansion and related
activities and subsequently authorizing an increase in the maximum cost of the
Project .
Section 5 . The Town Board , subject to the results of a permissive referendum
should one be properly requested , hereby expressly authorizes the issuance , pursuant
to the Local Finance Law , of serial bonds in the principal amount of not more than
$ 1 , 400 , 000 for the purpose of paying for part of the costs of the Project .
Section 6 . It is hereby re-affirmed that the period of probable usefulness of the
aforesaid specific objects or purposes is 15 years , pursuant to Subdivision 12 (a) (2) of
Paragraph a of Section 11 . 00 of the Local Finance Law. It is further determined that
the maximum maturity of the serial bonds herein authorized will exceed five years .
Section 7 . There has been provided , or there will be provided prior to the
issuance of such bonds or the bond anticipation notes hereafter authorized , the
appropriate amount of current funds as required by Local Finance Law Section 107 .
Section 8 . The full faith and credit of said Town of Ithaca , Tompkins County,
New York , are hereby irrevocably pledged to the payment of the principal of and
interest on said bonds as the same respectively become due and payable . An annual
appropriation shall be made in each year sufficient to pay the principal of and interest
on such bonds becoming due and payable in such year. There shall annually be
levied on all the taxable real property in said Town a tax sufficient to pay the principal
• of and interest on such bonds as the same become due and payable .
Section 9 . Such bonds shall be in fully registered form and shall be signed in
the name of the Town of Ithaca , New York , by the manual or facsimile signature of its
19
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and
attested by the manual or facsimile signature of its Town Clerk.
Section 10 . The powers and duties of advertising such bonds for sale ,
conducting the sale and awarding the bonds , are hereby delegated to the Town •
Supervisor, who shall advertise such bonds for sale , conduct the sale , and award the
bonds in such manner as he or she shall deem best for the interests of said Town ,
provided , however, that in the exercise of these delegated powers , he or she shall
comply fully with the provisions of the Local Finance Law and any order or rule of the
State Comptroller applicable to the sale of municipal bonds . The receipt of the
Supervisor shall be a full acquittance to the purchaser of such bonds , who shall not be
obliged to see to the application of the purchase money.
Section 11 . Subject to the provisions of the Local Finance Law , the power to
authorize the issuance and to sell bond anticipation notes in anticipation of the
issuance and sale of the serial bonds herein authorized , including renewals of such
notes , is hereby delegated to the Supervisor, the Chief Fiscal Officer. Such notes
shall be of such terms , form and contents , and shall be sold in such manner as may be
prescribed by said Supervisor, consistent with the provisions of the Local Finance
Law .
Section 12 . All other matters , except as provided herein relating to such bonds ,
including determining whether to issue such serial bonds having substantially level or
declining debt service and all matters related thereto , prescribing whether manual or
facsimile signatures shall appear on said bonds , prescribing the method for the
recording of ownership of said bonds , appointing the fiscal agent or agents for said
bonds , providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the Town by the facsimile signature of the Supervisor,
providing for the manual countersignature of a fiscal agent or of a designated official of
the Town ) , the date , denominations , maturities and interest payment dates , place or
places of payment , and also including the consolidation with other issues , shall be
determined by the Supervisor. It is hereby determined that it is to the financial
advantage of the Town of Ithaca not to impose and collect from registered owners of
such serial bonds any charges for mailing , shipping and insuring bonds transferred or
exchanged by the fiscal agent , and accordingly, pursuant to paragraph c of Section
70 . 00 of the Local Finance Law , no such charges shall be so collected by the fiscal
agent . Such bonds shall contain substantially the recital of validity clause provided for
in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form and
contain such recitals in addition to those required by Section 52 . 00 of the Local
Finance Law , as the Town Supervisor shall determine .
Section 13 . This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1 . 150- 1 . Other than as specified in this
resolution , no moneys are , or are reasonably expected to be , reserved , allocated on a
long -term basis , or otherwise set aside with respect to the permanent funding of the
object or purpose described herein .
20
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Section 14 . The validity of such bonds may be contested only if:
1 . Such bonds are authorized for an object or purchase for which said Town is
• not authorized to expend money , or
2 . The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with ,
and an action , suit or proceeding contesting such validity is commenced within 20
days after the date of publication , or
3 . Such bonds are authorized in violation of the provision of the Constitution .
Section 15 , Within 10 days after the adoption of this resolution by the Town
Board , the Town Clerk shall , as set forth in Section 90 of the Town Law, post and
publish a notice which shall set forth the date of the adoption of this resolution and
contain an abstract of this resolution , concisely stating the purpose and effect thereof.
Such notice shall specify that such resolution was adopted subject to a permissive
referendum .
Section 16 . If no referendum is requested , or if requested , a referendum is held
and the referendum approves the resolution , this resolution , or a summary thereof ,
shall be published by the Town Clerk of the Town of Ithaca , together with a notice in
substantially the form prescribed , and containing the information required , by Section
81 . 00 of said Local Finance Law , such publication to be in the Ithaca Journal , a
newspaper published in the City of Ithaca and having a general circulation within such
Town .
Section 17 . This resolution shall take effect immediately, unless a referendum
is requested , in which event it shall take effect , if approved at such referendum , upon
such approval .
Section 18 . This resolution is adopted subject to a permissive referendum
pursuant to Local Finance Law Section 35 .
The question of adoption of the foregoing resolution was duly put to a vote on a roll
call , which resulted as follows :
Supervisor Valentino Voting Ave
Councilman Klein Voting Ave
Councilwoman Grigorov Voting Ave
Councilwoman Russell Voting Ave
Councilman Lesser Voting Ave
Councilman Neiderkorn Voting Ave
21
Special Town Board Meeting October 17 , 2002
Approved November 7 , 2002
Councilman Burbank Voting Ave
The resolution was thereupon duly adopted .
Executive Session
On motion by Supervisor Valentino , seconded by Councilwoman Russell , the Board went into
Executive Session at 6 : 50 p . m . to receive legal advice on the cable franchise agreement .
On motion by Councilwoman Councilman Niderkorn , seconded by Councilwoman Russell ,
the Board resumed regular session at 7 : 30 p . m .
RESOLUTION NO 2002- 171 SPMtq — SET PUBLIC HEARING FOR CABLE FRANCHISE
AGREEMENT
RESOLVED that the Town Board of the Town of Ithaca will hold a public hearing at
their regular meeting on November 7 , 2002 at 8 : 20 p . m , for the purposes for reviewing the
proposed Cable Franchise Agreement with Time Warner.
MOVED : Supervisor Valentino
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman
Niederkorn , aye . Motion unanimously carried .
ADJOURNMENT
On motion by Councilwoman Grigorov the meeting was adjourned at 7 : 35 p . m .
Respectfully submitted ,
Tee-Ann Hunter
Town Clerk
NEXT REGULAR MEETING NOVEMBER 7 2002 AT 5:30 P. M.
22
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca ,
Tompkins County , New York that the following notice has been duly posted on the sign board of the
Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,
Ithaca Journal:
LEGAL ADVERTISEMENT : NOTICE OF PUBLIC HEARING REGARDING THE
PROPOSED CABLE FRANCHISE AGREEMENT
Location of Sign Board Used for Posting : Town Clerk' s Office
215 North Tioga Street
Ithaca , NY 14850
Date of Posting : MONDAY, OCTOBER 7, 2002
Date of Publication : TUESDAY, OCTOBER 8 , 2002
7 zm_ a__
Tee-Ann Hunter,
Town Clerk ,
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA)
Sworn to and subscribed before me this 8T" day of October, 2002 .
Ca U�
Notary Public
CARRIE WHITMORE "
Notary Public, State of New York
No. 01 WH6052877
Tioga county
._, �, Commission Expires December 26,
NOTICE OF
PUBLIC HEARING
NOTICE
at p blicihearing w!I be 4
held before the Town Board
of the Town of Ithaca at 215
k North Tioga Street, Ithaca,
New York, at a ' Special I
Meeting on Thursday,
Octover, 17, 2002 at 5: 15 i
P.M. ' regarding the
proposed, Cable Franchise •
Agreement. At , 'uc ' ime l
and place all person,
interested in the subject
I matter wjll� a given an
opportunity to voice 'their toi
approval or opp
said contract.
FURTHER NOTICE IS GIVEN
that individuals with visual .
impairments , hearing
needs will the rproved ad with
'. assistance as necessary,
upon request. Persons
desiring assistance must
ill make a request not less'than
11 4B ourspnor to the time of
the public. hearing .
Tee Ann Hunter
7o vn Clerk `
! Dated: October 7, 2002 "t
October 8, 2002
TOWN OF ITHACA
TOWN BOARD
SIGWIN SHEET
DATE : Thursday , October 17 , 2002
(PLEASEPRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRIA/TADDRESS / AFFILIATION
V i ih s 2 t- l lc,v%est V-e `�-t G,&C
1 ;2& C=�
ea
Mo
2 &ezteg��� z
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Nom . . �_
Special Town Board Meeting 10 / 17 / 2002 ATTACHMENT # 1
TOWN OF ITHACA
ANALYSIS OF CAPITAL PROJECT FUNDING
FOR
RENOVATION AND CONSTRUCTION
OF THE
PUBLIC WORKS FACILITY
____ _�PROJECTTCOST AUTHORIZATIONS ' . � _ W� _�_ _
DATE DESCRIPTION AMOUNT
04/08/2002 Resolution No . 2002- 126 $ 19800 , 000 . 00
07/29/2002 Resolution No . 2002- 121 226 , 832 . 00
Total Project Cost $ 210269832 . 00
PRESENT PROJECT COST _8� RESOURCES
DATE DESCRIPTION AMOUNT
08/13/2002 Resolution No. 2002- 126 establishes the
project costs and funding requirements
Estimated Project Cost $ 210270000.00
Project Funding (Resources)
General Fund (Anticipated Bldg Sale) (300,000.00)
General Fund (Town Contribution ) (299, 524 . 94)
Highway Building Reserve ( 182 ,475 .06)
Water Fund (220,000 .00)
Sewer Fund (2257000.00)
04/08/2002 Borrowings ( Resolution No . 2002-057) (8009000.00)
Net Budgeted Resources & Expenses _ $ - 1,
Page 1 of 2
RE-STRUCTURING OF PROJECT COST & RESOURCES
DATE DESCRIPTION AMOUNT
08/ 13/2002 Resolution No . 2002- 126 establishes the
project costs and funding requirements
Estimated Project Cost $ 21027 ,000 .00
Project Funding ( Resources)
General Fund (Anticipated Bldg Sale) -
General Fund (Town Contribution ) -
Highway Building Reserve ( 1827475 . 06)
Water Fund (220 ,000 .00)
Sewer Fund (225 ,000 .00)
04/08/2002 Borrowings (Resolution No . 2002-057) (800 ,000 .00)
Increase Borrowings (5997524 . 94)
Net Budgeted Resources & Expenses $ -
--- - --- - ---
�- _SUMMARY OF TOTAL BORROWINGS ` _- __
Resolution No . 2002-057 $ 800 ,000 .00
Resolution required for authorization
to borrow additional resources 600 ,000 .00
TOTAL PROJECT BONDING $ 19400 ,000.00 It
TRANSACTIONS AFFECTING GENERAL
Cash transferred back to General Fund $ 159 , 524 . 94
Reimbursement of Architectural Fees 119 ,031 . 80
incurred to date as of 9/30/02
Resolution amending those budgeted 599 ,524 . 94
resources coming from the General Fund
Total Returned Cash and Budget Changes $ 878,081968
Page 2 of 2
TOWN OF ITHACA
SUMMARY OF CHANGES
PRELIMINARY 2003 BUDGET
GENERAL TOWNWIDE FUND APPROPRIATIONS
ACCOUNTS CODE TENTATIVE PRELIMINARY NET
2003 2003 CHANGE
APPROPRIATED EXPENDITURES
DEBT OBLIGATION
$800,000 Pub Works Facility - Principal A9730.601 $ 53,333.00 $ - $ (53,333.00)
$800,000 Pub Works Facility - Interest A9730.701 39, 600.00 - (399600.00)
$ 1 ,240,0000 Pub Works Facility - Principal A9730.601 - 829666. 00 829666.00
$ 1 ,240,0000 Pub Works Facility - Interest A9730.701 - 529700.00 529700.00
BUILDINGS & GROUNDS
Security A1620 .404 500.00 700.00 200.00
HIGHWAY GARAGE
Salaries & Wages A5132. 100 71400.00 71500.00 100.00
Storm Water Management A5132.460 509000. 00 - (509000.00)
TOTAL CHANGES IN BUDGETED EXPENSES —�T $ 150,833.00 $ 1432566.00 $ (7,267100) 1
TOTAL BUDGETED EXPENSES (APPROPRIATIONS) A960 $ 29667,403.00 $ 296602136. 00 $ (7,267.00) ;
ESTIMATED REVENUES
SALES TAX A1120 $ 385,972.00 $ 335,972.00 $ 50,000.00
COMMUNITY SERVICES
1 % Sales Tax A1289 20,000.00 229000.00 2,000.00
WIRELESS ONE SITE RENTAL A2423 - 169800.00 169800.00
BOND PROCEEDS
Revenue Anticipation Note A5750 $ 3009000.00 $ - $ (300,000.00)
TOTAL CHANGES IN BUDGETED REVENUE - ^�_ J_T^ _ LL $ 705,972.00 $ 374,772.00 $ (331 ,200.00)
TOTAL BUDGETED REVENUES - - A510 $ 20631 ,228.00 $ 2, 300 028.00 $ (3319200.00)
TOTAL BUDGET FUNDING FROM FUND BALANCE A599 $ 369175.00 $ 360 108.00 323,933.00
LREAL PROPERTY TAX RATE CHANGE _ - $ 1 .26 $ 1 .26 $ -
Page 1 of 2
TOWN OF ITHACA
SUMMARY OF CHANGES
PRELIMINARY 2003 BUDGET
- -
GENERAL PART TOWN FUND APPROPRIATIONS
ACCOUNTS CODE TENTATIVE PRELIMINARY NET
2003 2003 CHANGE
APPROPRIATED EXPENDITURES
HIGHWAY GARAGE
Storm Water Manangement B5132.460 $ - $ 50,000.00 $ 509000.00
TOTAL CHANGES IN BUDGETED EXEPENSES $ - $ 509000.00 $ 509000.00
TOTAL BUDGETED EXPENSES (APPROPRIATIONS) 8960 $ 637,722.00 $ 687,722.00 $ 50,000.00
ESTIMATED REVENUES
SALES TAX B1120 $ 3082643.00 $ 358,643.00 $ 509000.00
FRANCHISE TAX B1170 302000. 00 52,000.00 229000.00
TOTAL CHANGES IN BUDGETED REVENUE v $ 3389643.00 $ 4109643.00 $ 72,000. 00
TOTAL BUDGETED REVENUE B510 $ 470,843.00 $ 5209843.00 $ 509000 .00
TOTAL BUDGET FUNDING FROM FUND BALANCE _ B599 $ 1669879.00 $ 144,879.00 $ (22,000.00) ;
REAL A- 9 P I PPERTY TAX RATE CHANGE $ - $ - $ -
Page 2 of 2
TOWN OF ITHACA
GENERALFUND
ANALYSIS OF TRANSACTIONS SINCE JANUARY 1 , 2002
IMPACTING FUND BALANCE
DATE DESCRIPTION I DECREASES I INCREASES AMOUNT
01101/2002 BEGINNING BALANCE UNRESERVED $ 1 ,122,478.00
BEGINNING BALANCE COMMITTED TO MEET 2002 EXPENSES 361 ,690.50,
01 /01 /2002 Resolution No. 2001 -138 for architectural fees $ (140,000.00) $ $ ( 140,000.00)
for the Public Works Facility
01/01 /2002 Resolution No. 2001 -171 for Forest Home Traffic $ (21500.00) $ - $ (21500.00)
Calming Study
02/28/2002 Reduced Joint Youth Expenses as budgeted for in 99946.00 92946.00
2002
08/07/2002 Liquidation of Outstanding PO# 9889 11260.00 1 ,260.00
08/13/2002 Payment for the Ferguson Property Survey (600.00) - (600.00)
for the purchase of Development Rights
08/27/2002 Resolution No. 2002-126 for financing the
Public Works Facility totaling $782,000
Detail of this Commitment of Fund Balance
Building Reserve (182,475.06) (182,475.06)
Anticipated Sale of Old Town Hall (3009000.00) (300,000.00)
Town Contribution to the Project (2999524.94) (299,524.94)
10/07/2002 Board directing repayment of architectural fees
as budgeted for and expensed to date by the
General Fund for the Benefit of the Public
Works Facility 1409000.00 140,000.00
SUB TOTAL $ (925, 100.00) $ 1519206.00 $ 710,274.50
Adjm't Returned Funds at Year End Closing of 1821475.06 182,475.06
Reserved Fund Balance into Unreserved
attributed to the financing of the Public
Works Facility.
Adjml Return of Budgeted Town Contribution to the 299,524.94 299,524.94
Public Works Facility
Adjml Return of Budgeted Town Contribution to the
Public Works Facility attributed to the
anticipated sale of the "Old Town Hall." 300,000.00 300,000.00
Adjm't Returned Funds at Year End Closing of
Reserved Fund Balance into Unreserved
Attributed to expense incurred for development
rights purchase - Ferguson 600.00 600.00
( 10/31/2002 ADJUSTED FUND BALANCE $ (925, 100_00)_$ 933,206.00 $ 114929274.50
Add Budgeted Revenue for 2002 19888,423.00
Less Budgeted Expenses for 2002 (391649007.00)
deduct the budget changes for Public Works Fac 9229000.00 (2,242,007.00)
Add Anticipated Mortgage Tax in excess of budget 209000.00
Add Anticipated Sales Tax in excess of budget 130,000.00
[_2131/2002 PROJECTED FUND BALANCE _ $ 1 ,288,690.50
Less: Fund Balance used to meet 2003 expenses (360, 108.00)
01/01/2002 PROJECTED UNRESERVED/UNCOMMITTED FUND BALANCE _$ 928,582.50
TOWN OF ITHACA
GENERAL PART TOWN FUND
ANALYSIS OF TRANSACTIONS SINCE JANUARY 1 , 2002
IMPACTING FUND BALANCE
DATE DESCRIPTION DECREASES I INCREASES AMOUNT
�-01 /01 /2002 BEGINNING BALANCE $ 200,341 .00 l
BEGINNING BALANCE COMMITTED TO MEET 2002 EXPENSES 1559140.00 J
05/17/2002 Resolution No. 2002-077e Reducing Timer Warner $ (81000 .00) $ - $ (81000.00)
Franchise Fees
07/31 /2002 Resolution No. 2002-132 Budget Transfers for $ (743 .24) $ - $ (743 .24)
Over Expended Expenditures
08/07/2002 Liquidated PO# 9893 - 71 .00 71 .00
08/07/2002 Liquidated PO# 9893 - 71 .00 71 .00
ADJUSTED FUND BALANCE $ (89743.24) $ 142.00 $ 3469879.76
Add Budgeted Revenue for 2002 458,013 .00
Less Budgeted Expenses for 2002 (621 ,755.00)
12/31 /2002 PROJECTED FUND BALANCE $ 183, 137.76
Less : Fund Balance used to meet 2003 expenses ( 144 ,879 .00)
01101 /2002 PROJECTED UNRESERVED/UNCOMMITTED FUND BALANCE $ 381258.76
TOWN OF ITHACA
GENERAL PART TOWN HIGHWAY FUND
ANALYSIS OF TRANSACTIONS SINCE JANUARY 1 , 2002
IMPACTING FUND BALANCE
DATE DESCRIPTION DECREASES I INCREASES AMOUNT
01 /01 /2002 BEGINNING BALANCE $ 4929027.00
BEGINNING BALANCE COMMITTED TO MEET 2002 EXPENSES 299, 192.00
05/17/2002 Resolution No. 2002-077e Reducing Estimated $ ( 11000.00) $ - $ ( 11000.00)
Interets Earnings for 2002
07/31 /2002 Resolution No. 2002- 132 Budget Transfers for $ (8 ,284 .82) $ - $ (8 ,284 .82)
Over Expended Expenditures
08/07/2002 Resolution No. 2002-109E return of unexpended - 938.00 938.00
monies from the closing of Maple Ave . Cap Project
ADJUSTED FUND BALANCE $ (91284 .82) $ 938.00 $ 7829872.18
Add Budgeted Revenue for 2002 1 ,434 , 199.00
Less Budgeted Expenses for 2002 ( 10741 , 738 .00)
12/31 /2002 PROJECTED FUND BALANCE $ 475,333. 18
Less: Fund Balance used to meet 2003 expenses (336,069 .00)
01 /01 /2002 PROJECTED UNRESERVED/UNCOMMITTED FUND BALANCE $ 139,264.18
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TOWN OF ITHACA
BOND BORROWING
FOR
THE ITHACA TOWN PUBLIC WORKS FACILITY
COMPARISON
ANNUAL PRINCIPAL and INTEREST PAYMENTS
FOR 2003
15 YEAR FINANCING @ 4150%
YEAR SERIAL BOND YEARLY PAYBACK I YEARLY OUTSTANDING
BORROWING PRINCIPAL INTER'ESTl AMOUNT DUE PRIN & INT @12/31 /03
2003 $ 800 , 000. 00 $ 53 , 333. 00 $ 34 , 000. 00 $ 87 , 333 . 00 $ 7461667 . 00
2003 $ 11240, 000 . 00 $ 82 , 666 . 00 $ 52 , 700. 00 $ 135 , 366 . 00 $ 11157 , 334 . 00
2003 $ 11400 , 000 . 00 $ 937333 . 00 $ 59, 500 . 00 $ 152 , 833 . 00 $ 11306 , 667 . 00
TOWN OF ITHACA
BOND BORROWING
FOR
THE ITHACA TOWN PUBLIC WORKS FACILITY
$ 1 , 400 , 000
15 YEAR FINANCING @ 4.250%
YEAR PRINCIPAL YEARLY PAYBACK YEARLY BONDS OUTSTANDING
BORROWING PRINCIPAL INTERESTI AMOUNT DUE I & UNPAID EACH YEAR
1 $ 11400 , 000 $ 93 , 333 $ 59 , 500 $ 152 , 833 $ 11306 , 667
2 11306,667 $ 931333 $ 557533 148 , 866 11213 , 334
3 11213 , 334 $ 93 , 333 $ 51 , 567 144 , 900 11120 , 001
4 11120 , 001 $ 93 , 333 $ 47 , 600 140, 933 11026, 668
5 110267668 $ 93 , 333 $ 43 ,633 136 , 966 933 , 335
6 933, 335 $ 93 , 333 $ 39 , 667 1331000 840 , 002
7 840 , 002 $ 93 , 333 $ 35 , 700 129 , 033 746 , 669
8 7461669 $ 93 , 333 $ 31 , 733 1251066 653 , 336
9 653 , 336 $ 93 , 333 $ 277767 121 , 100 560 , 003
10 560 , 003 $ 93 , 333 $ 23 , 800 1177133 466 ,670
11 466 , 670 $ 93 , 333 $ 19 , 833 113 , 166 373 , 337
12 373 , 337 $ 93 , 333 $ 15 , 867 109 , 200 280 , 004
13 2807004 $ 93 , 333 $ 11 , 900 1051233 1861671
14 186 , 671 $ 93 , 333 $ 71934 1011267 93 , 338
15 931338 $ 93 , 338 $ 31967 971305 -
16
17
18
19
20
21
22
23
24
25
PRINCIPAL PAID $ 11400 , 000
INTEREST PAID $ 476 , 001
TOTAL DEBT PAID $ 11876 , 001
TOWN OF ITHACA
BOND BORROWING
FOR
THE ITHACA TOWN PUBLIC WORKS FACILITY
$ 1 , 240 , 000
15 YEAR FINANCING @ 4.250%
YEAR PRINCIPAL YEARLY PAYBACK j YEARLY BONDS OUTSTANDING
BORROWING I PRINCIPAL JINT EREST AMOUNT DUE & UNPAID EACH YEAR
1 $ 112401000 $ 821666 $ 52 , 700 $ 135 , 366 $ 11157 , 334
2 111577334 $ 821666 $ 49 , 187 131 , 853 11074 , 668
3 11074 , 668 $ 821666 $ 45 , 673 1281339 9921002
4 992 , 002 $ 821666 $ 42 , 160 124 , 826 909 , 336
5 909 , 336 $ 82 , 666 $ 38 , 647 121 , 313 826 , 670
6 826 , 670 $ 821666 $ 35 , 133 1171799 744 , 004
7 744, 004 $ 82 , 666 $ 31 , 620 1141286 661 , 338
8 661 , 338 $ 82 , 666 $ 28 , 107 1101773 578 , 672
9 578 , 672 $ 82 , 666 $ 24 , 594 1071260 496 , 006
10 496 , 006 $ 822666 $ 21 , 080 103 , 746 413 , 340
11 413 , 340 $ 82 , 666 $ 17, 567 1001233 3301674
12 330 , 674 $ 82 , 666 $ 14 , 054 961720 2482008
13 248 , 008 $ 82 , 666 $ 10 , 540 931206 1651342
14 1657342 $ 82 , 666 $ 71027 89 , 693 82 , 676
15 821676 $ 82 , 676 $ 31514 86 , 190 -
16
17
18
19
20
21
22
23
24
25
PRINCIPAL PAID $ 11240, 000
INTEREST PAID $ 421 ,603
TOTAL DEBT PAID $ 11661 , 603
i
i
1
TOWN OF ITHACA
BOND BORROWING
FOR
THE ITHACA TOWN PUBLIC WORKS FACILITY
800 po
15 YEAR FINANCING @ 4.250%
YEAR PRINCIPAL YEARLY PAYBACK YEARLY BONDS OUTSTANDING
BORROWING PRINCIPAL INTEREST AMOUNT DUE & UNPAID EACH YEAR
1 $ 800 , 000 $ 53 , 333 $ 34 , 000 $ 87 , 333 $ 746 , 667
2 746 , 667 $ 533333 $ 31 , 733 85 , 066 693 , 334
3 693 , 334 $ 53 , 333 $ 29,467 82 , 800 640 , 001
4 640, 001 $ 53 , 333 $ 27 , 200 80 , 533 5863668
5 586,668 $ 531333 $ 24 , 933 78 , 266 533 , 335
6 533, 335 $ 53 , 333 $ 22 , 667 76 , 000 480 , 002
7 480 , 002 $ 531333 $ 20 ,400 73 , 733 4261669
8 426 , 669 $ 531333 $ 18 , 133 71 ,466 373 , 336
9 373 , 336 $ 53 , 333 $ 15 , 867 691200 3201003
10 320 , 003 $ 53 , 333 $ 13 , 600 66 , 933 266 , 670
11 266 , 670 $ 53 , 333 $ 11 , 333 64 , 666 213 , 337
12 2130337 $ 53 , 333 $ 91067 621400 160 , 004
13 160 , 004 $ 53 , 333 $ 61800 60 , 133 106 , 671
14 106 , 671 $ 53 , 333 $ 41534 57 , 867 53 , 338
15 53 , 338 $ 53 , 338 $ 21267 55 , 605 -
16
17
18
19
20
21
22
23
24
25
PRINCIPAL PAID $ 800, 000
INTEREST PAID $ 272 , 001
TOTAL DEBT PAID $ 11072 , 001
I